TERMS AND CONDITIONS
A. Terms of Use for wrc.com
1. Who is covered by these General Terms of Use
We at WRC Promoter GmbH, as defined in this website’s legal notice, (“WRC Promoter GmbH” or “We”) want to provide you – our customers, fans and community – the best products, content and services available at any time, on our webpages and apps (“Platforms”) and to continue to develop these products, content and services with you. However, every cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define core values. These General Terms of Use aim to set out the basic framework between you and us for our free products, content and services, and thus form the common basis for us to work together (“Rules”).
2. Scope of application
These General Terms of Use apply to the use of any of our products, content and services (“Content”) freely available to you on our Platforms, except for WRC+, which is subject to the terms and conditions on section B below. This includes any use of the Content by you, whether you’re visiting and browsing our webpages and apps, signing-up for events, newsletters and similar offers, downloading and streaming our Content, or registering and creating an account.
3. Your obligations as a user
At WRC Promoter GmbH, we believe that successful collaboration and social interaction online requires good manners (netiquette) and rules of conduct. Our Content is provided for your personal use only, which means you cannot use it for any commercial or otherwise profit-making purposes. Our cooperation is based on condition that you comply with applicable laws, do not violate our rights or the rights of third parties and that you use Content solely in a manner consistent with these Rules and do not destroy, damage or otherwise exploit it.
We also believe in the importance of mutual respect and consideration towards others. Therefore, any content that you post using our services must not contain any form of hate speech, defamation or be otherwise likely to cast a negative light on us or someone else.
To ensure that everything runs smoothly, we must all be responsible for the content that we own or control. Therefore, you must ensure that any information you provide us is correct, complete and up to date at all times during our cooperation.
4. Terminating this cooperation
If we determine that things are not working between you and us, in particular, if you violate any of these Rules, we reserve the right to terminate this cooperation at any time.
5. WRC Promoter GmbH’s content and services
5.1 All rights to Content reserved by WRC Promoter GmbH
All Content on our Platforms, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on the Platforms and to the Content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without our express written permission in advance, nor are you permitted to do or attempt anything that violates our intellectual property rights or any intellectual property rights licensed to us or owned by third parties. This also applies to the ideas and concepts on which the Platforms or Content are based, even if they are not protected by intellectual property rights.
5.2 Your license for use of our Platforms and Content
While we, at WRC Promoter GmbH, hold all rights to the Content on our Platforms, we want to enable you to easily access our Platforms and Content, so that you can explore everything we have to offer. We therefore grant you a limited license to use our Content for your personal use only. This means that you can enjoy our Content as a private individual, whether at home or on the go. Your license does not, however, include the right to use our Content as part of your commercial business ideas or any other commercial activities, nor does it allow you to reproduce, modify or otherwise exploit our Content. You are also not permitted to transfer this license to third parties.
We may from time to time give you the ability to embed certain elements contained in the Platforms or Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Content, including links back to our Platforms. You also agree that we have the right to set Cookies, serve ads and collect information (tracking) through such embed.
Therefore, you undertake to obtain the consent by the user for such use (especially in line with our Privacy Policy) before providing the Content. If user does not provide consent, you may not provide the Content and you inform the user of the possibility to watch the Content (without Cookies) on our Platforms. In any case you have to comply with the applicable (data protection) law(s) and these Rules.
5.3 Third Party Content
Our Platforms may utilize or incorporate digital content or services from third-party vendors (“Third-Party Content”). You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party providing these services. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.
6. Special features
6.1 Favourites
Some of our Platforms enable you to bookmark your favourite Content, so that you can access it quickly and easily later on. You can also use this feature to keep up to date with new and upcoming Content from us. This feature is an integral part of our process for providing and developing our Content.
7. User-Generated Content
7.1 What do we mean by “User-Generated Content”?
Our Platforms offer a variety of features, which may enable you to engage with us and the community by posting your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. All content contributed by you using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.
7.2 Unrestricted license to your UGC for WRC Promoter GmbH purposes
In some cases, you or third parties may have copyrights or other intellectual property rights to your UGC.
To the extent that you contribute to our Platforms in the form of UGC, at the time of participation you grant us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to the Platform on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for our use of the UGC.
Finally, you grant other users permission to access your UGC and to use, reproduce, like and share it, to create derivative works, publicly display and present it, transfer and publish it to the extent this is permitted by the functionality of our services and these terms of use.
7.3 Viewing and removing UGC
We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at our own discretion and for any reason whatsoever.
7.4 Your personal information and UGC
You give us the right (but not the obligation) to use your biographical information including, without limitation, name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of the UGC in conformance with the above license contained herein.
7.5 General conditions for UGC
Before we can allow you to contribute your UGC, you must agree to comply with the following rules. You therefore undertake, represent and warrant that your UGC shall in no circumstance: (i) cast a negative light on WRC Promoter or its affiliates, or on our activities, businesses or brands. In particular, you are prohibited from using the following content in connection with your UGC: (a) illegal products, content, services or materials; (b) coverage of accidents, assaults, catastrophes or riots; and/or (c) beverages containing caffeine, taurine or guarana; (ii) be unlawful, threatening, racist, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, or otherwise violate any applicable law; (iii) encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; (iv) be an advertisement for goods or services or a solicitation of funds; (v) enable the identification of personal information such as messages, phone numbers, social security numbers, account numbers, addresses, or employer references; or (vi) contain any virus, trojan horses or other harmful code or script.
Moreover, any conduct that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Platforms or Content will not be permitted.
7.6 Guarantees and indemnification
In order to ensure that these rules are complied with and to safeguard our interactions, you provide the following guarantees and indemnification to us with respect to your UGC:
You acknowledge and agree that you are solely responsible for the UGC you submit. You represent and warrant that you are the owner of all rights to your UGC and that it does not violate or infringe any third-party rights such as personality rights (in particular the right to one’s own image), intellectual property rights such as trademarks, patents, copyrights or other legally protected property rights.
You further represent and warrant that all the requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, actor, moderator, contributor, or other persons involved in the UGC or the associated rights, services or institutions, and that you are authorized to exercise those rights at your own discretion and in the scope and extent provided for herein.
You agree to indemnify WRC Promoter GmbH and hold us fully and completely harmless from any third-party claims arising in connection with the upload of your content and our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.
8. Liability
We and our employees, distributors, licensors and representatives cannot be made liable for our free Content, whether by contract, tort (including and without limitation negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by you was or should have been foreseen by us and/or you informed us of the risk that you suffered the loss or harm. Nothing in these General Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or otherwise affect your statutory rights as a consumer.
9. Final words and rules
Each provision of these Rules applies separately and independently. If any provision of these Rules is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these Rules shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these Rules and enables them to remain in full force and effect to the extent permitted by law.
These Rules shall be governed by and construed in accordance with German law. All disputes arising out of or in connection with these Rules, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Munich in accordance with the law in force in Germany, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
The original version of the Rules is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.
Version: July, 2021
From December 2022, RallyTV Subscriptions will replace WRC+ subscriptions with the below applicable conditions.
B) Terms and Conditions for Rally.tv
1. General Information
1.1 Welcome to Rally.tv
Rally.tv is a subscription service provided by WRC Promoter GmbH with registered offices at Hermann-Weinhauser-Straße 73, 81673 Munich, Germany (hereinafter referred to as “Provider”, “we” or “our”) or - in case the legal notice indicates another legal entity - that legal entity shall be the provider and your contractual partner for the use of Rally.tv (such entity be hereinafter also referred to as “Provider”, “we” or “our”). By subscribing to Rally.tv, you agree to the application of the following Terms and Conditions (hereinafter “T&C”), which set out the rules which apply to you (“user”, “you” or “your”). As used herein, “Rally.tv service”, “our service”, “the service” or “Rally.tv” means the service provided by Provider for discovering and watching our product, including all features and functionalities, applications, website, and user interfaces, as well as all content and software associated with our service.
1.2 Contact
Please contact us via email under info@Rally.tv if you have a question, complaint or comment about the Rally.tv services, its application or content.
1.3 Changes to the T&C
Provider may revise the T&C from time to time if the amendment is reasonable for you, taking into account the interests of you and Provider. This does not apply to essential provisions of the T&C, in particular regarding the type and scope of your and our agreed services (e.g., payment and prices, see 3.2).
The user shall be notified of any changes to these T&C in text form (usually by email to the last email address provided by user). The user has the option to object to any such change in text form (e.g., by email, facsimile or letter) within 30 days of receipt of this notification.
If the user does not object to the change or does not object in time, the change shall be deemed approved. If the change is objected to in due time, the T&C shall not be changed. In this case, we safe the right to terminate (by termination with regular notice period) the contract (as defined in clause 4.1) to the end of the of your Subscription period.
1.4 Language
The original version of the T&C is in English language. Any translated version is for your convenience and for information purposes only. In case of disputes the English version shall prevail.
1.5 Transfer of rights
We are entitled to transfer the contract in whole or in part into our successor company, which operates Rally.tv independently. In that case we will inform you about it. After being informed, you have 14 days to object to the transfer. In this case we have the right to terminate the contract with you. Your rights of use to receive Rally.tv are personally assigned and therefore non-transferable.
2. Rally.tv Service
2.1 The Rally.tv service is currently offered in English language.
2.2 You must be 16 years of age to subscribe to the Rally.tv service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and subject to these T&C.
2.3 Rally.tv and its services are available via internet and via the official Rally TV app for smartphones and tablets (iOS and Android) and more.
2.4 You may use Rally.tv services for strictly private purposes only. No commercial use is permitted, and you are in particular not allowed to make the services publicly available (please see also in clause 7.2.4 below), e.g. on the internet, on social media platform(s), especially on “lives”, in bar(s), in restaurant(s), etc. In case of a violation, we are entitled to terminate the contract with you and claim reasonable damages.
If you are interested in a commercial license, please do not hesitate to contact us via info@rally.tv.
2.5 You may view our service only in geographic locations where we offer our service. The content that may be available to watch may vary by geographic location. Rally.tv will use technologies to verify your geographic location and make our services accessible accordingly.
2.6 The number of simultaneously streams/devices for watching Rally.tv is limited to two. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
2.7 We continually update our service. In addition, we test various aspects of our service, including our website, user interfaces, promotional features, availability of features, delivery and pricing on a regular basis. We reserve the right to include you or exclude you from these tests without notice.
2.8 You must use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.
2.9 The availability of our service will change from time to time. The quality of the display of the streaming features may vary depending on your device, display, operating systems and settings and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. For more requirements in relation to the required operating systems, browsers and hardware please refer to our FAQs. Not all content is available in HD. HD availability is further subject to your internet and/or mobile service and device capabilities. You are responsible for all charges relating to your internet access and mobile data use. Please check with your access provider for information on data usage charges. Rally.tv makes no representations or warranties about the quality of your watching experience on your device or display.
2.11 In the event that you conclude the Subscription via another platform (in particular Apple or Android Store), the provisions there shall apply in addition to these T&C. Corresponding provisions under these T&C shall not apply to this extent.
3. Subscription and Payment
3.1 Rally.tv Subscription
By submitting your completed registration form and clicking a consent button you are sending us your binding offer to conclude a subscription contract for the Rally.tv services. You must have internet access, a valid e-mail and provide us with a valid and accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Rally.tv service. Once you have submitted your offer, we will immediately send you an e-mail for confirming your identity and hereafter an e-mail with confirmation of your offer. A binding contract is formed when you receive the confirmation from us or by our grant of access to the Rally.tv service for you (“Rally.tv Subscription” or “contract”).
3.2 Payment
3.2.1 Recurring Payments
The current Subscription fees and charges for your Rally.tv Subscription are displayed in the ordering process as a total price (total price of the subscription plans’ services including taxes if any). You authorise us to charge to your Payment Method upon start of your Rally.tv Subscription the chosen Subscription fee and any other charges for payable services you may use in connection with your Rally.tv Subscription. The Subscription fee for the chosen Rally.tv Subscription will be charged unless and until the Rally.tv Subscription is cancelled. Provider will automatically charge your Subscription fee to your Payment Method upon each anniversary of your chosen Subscription plan or, if such date does not occur in such month or year, on the last day before such date in the applicable month or year. Your renewal date may change due to changes in your Rally.tv Subscription. You acknowledge that the amount charged on each chosen billing period may vary from one billing period to the next for reasons that may include differing amounts due to promotional offers and/or changing or adding Subscription plans, and you authorize us to charge such varying amounts to your Payment Method, which may be charged periodically (e.g. monthly or yearly), according to your chosen Subscription plan, in one or more transactions.
3.2.2 Price Changes
Provider reserves the right to adjust at its reasonable discretion the price for a Subscription in accordance with the following provisions if (i) the total cost attributable to the respective subscription change after the Subscription has started and (ii) this change was not foreseeable at the time when the Subscription started. For the avoidance of doubt: Such price adjustment will not be made if the change in the total costs is due to an expansion of the Services or the content provided by Provider. The total costs include the following types of costs: (a) costs for the production and licensing of our content, to the extent it is a general change in the costs for content of a comparable type and quality, (b) operating costs, including costs for the maintenance of the technical operation of our platforms and costs in the area of personnel and infrastructure (e.g., increased rental costs), and (c) government levies. Increased costs in one cost category may only be used for the price adjustment if and to the extent they are not offset by lower costs in other cost categories so that the total costs remain unchanged or are lower.
In the event of cost reductions, the price for the Subscription shall be reduced if and to the extent the total costs decrease, i.e., the cost reduction in one cost category is not offset by increased costs in one or more other cost categories.
Provider will inform the affected users regarding the price adjustment at least four weeks before the price adjustment comes into effect. This information will be made in text form and/or send by email to the email address provided by you. The user may object to the price adjustment in text form (e.g., by email, facsimile or letter) until the end of the day (24:00 hours) on which the price adjustment is to take effect. Provider will inform the user about this objection right, the objection period and the consequences of an objection not made in due time in the information message notifying the user about the price adjustment. If the price adjustment is not objected to or not objected to in due time, the Subscription will be continued at the adjusted price from the time the price adjustment comes into effect. If the price adjustment is objected to in due time, the Subscription will be continued at the original price. In this case, we reserve the right to terminate the Subscription by termination with regular notice period to the end of your Subscription period.
3.2.3 No Refunds
Rally.tv Subscription fees are fully earned upon payment. Payments are non-refundable and there are no refunds or credits for partially used periods except if a refund is mandatory with regard to an effective termination or withdrawal right required by law (see clause 5). Following any cancellation, you will continue to have access to the service until the end of your current billing period.
3.2.4 Payment Methods.
You can choose between the different Payment Methods offered by us (please see our FAQ). We reserve the right to adapt the Payment Method from time to time in Provider’s reasonable discretion. You may edit or update your Payment Method information by visiting our website and clicking on your profile section. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account as set forth herein, you remain responsible for any uncollected amounts and costs in connection therewith and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
4. Automatic extension of term, termination
4.1 Your Rally.tv Subscription will continue and extend automatically, according to your current Subscription period, unless and until your Rally.tv Subscription is terminated either by you via withdrawal or termination or if we terminate it. We will bill the chosen Subscription plan’s fee to your Payment Method. In order to avoid the billing of the next chosen plan's Subscription fee to your Payment Method you must cancel your Rally.tv Subscription before it renews automatically for the next Subscription period.
You will continue to have access to the Rally.tv service until the end of your current billing period. To terminate your Rally.tv Subscription easily, follow the instructions for termination on our website.
4.2 Provider may terminate this agreement subject to one (1) weeks’ notice, or for good cause at any time. A good cause for termination is, furthermore, if you default on payment of the continuing fees in a repeated billing period or the Rally.tv service is ceased in its entirety.
4.3 Provider may, in its sole discretion, without prior notice, block, suspend or terminate your access to the service in its entirety or in parts depending on the individual case, if Provider determines or has reasonable grounds to suspect that you have breached these T&C or your use of Rally.tv may cause damage to either Provider, any Provider’s affiliates, or their activities, businesses or brands. In addition, a breach of the T&C may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.
5. Right of withdrawal and exceptions from the withdrawal right
5.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the formation of the contract. To exercise the right of withdrawal, you must inform us (WRC Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich, phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: info@rally.tv) of your decision to withdraw from this contract by a definite and clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
5.3 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To WRC Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: info@rally.tv):
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of user(s),
Address of user(s),
Signature of user(s) (only if this form is notified on paper), Date
(*) Delete as appropriate
5.4 Exemption from withdrawal right
You will lose your right of withdrawal before the end of the withdrawal period if we begin with the performance of our services, and you have given your express consent to the beginning of the performance before the end of the withdrawal period and your acknowledgment that you lose your right of withdrawal by giving this consent with the beginning of the performance. We will inform you about this exemption from your withdrawal right and ask for your express consent and acknowledgment within the ordering process. Beginning of our performance means the granting of access to our service.
6. Third Party Software
6.1 Third Party Software
Rally.tv may utilise or include third party software that is subject to free and open source and/or third-party license terms (“Third Party Software”). Your right to use such Third-Party Software as part of Rally.tv is subject to and governed by the terms and conditions of a free and open-source software (“FOSS”) initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.
6.2 Other Third-Party Content, Services.
Rally.tv may utilize or include digital content or services of third-party providers (“Third Party Content” or “Third Party Services”). Your right to use such Third-Party Content or Third-Party Service via Rally.tv or as part of Rally.tv may be subject and governed by additional terms and conditions of the third party providing those services. If you do not agree with such additional terms and conditions, you may not use the respective Third Party Content or Third Party Service.
7. User Generated Content, Obligations and Use Restrictions
7.1 User Content
In case Rally.tv provides for functionalities that enable the user to upload and/or post, transmit or otherwise make available any content (“User Generated Content” also “UGC”) the user agrees that such UGC is made available to others via or in connection with the Rally.tv service. For this purpose, you grant to Provider the irrevocable worldwide, perpetual, transferable, assignable, sublicensable and unlimited rights for your UGC.
7.2 Obligations
7.2.1 Caution. You must be aware that any action, activity and/or information displayed or provided on or via Rally.tv is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using Rally.tv.
7.2.2 Registration. During your registration to use Rally.tv you must enter correct and complete data and keep such information up to date at all times.
7.2.3 Provider’s Reputation. The user must not cast a negative light on Provider, Provider’s affiliates, or their activities, businesses or brands. You shall in particular refrain from using or posting, uploading, transmitting through, or otherwise making available through the Rally.tv, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots.
7.2.4 Use Restrictions. You may not use Rally.tv for the purposes described in sections 7.2.4.1 to 7.2.4.5 below.
7.2.4.1 Exploitation. All content on Rally.tv, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All IPR existing on Rally.tv and to its content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable IPR, neither wholly nor partially with respect to such content or service). You may not reproduce (e.g. download or screen-record), copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit Rally.tv or any of its services or content in its entirety or any parts thereof. The same shall apply to ideas and concepts of Rally.tv, any service it is based on, even if not protected by IPR or any other applicable law.
7.2.4.2 Content Protection. You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting IPR or assisting Rally.tv, its application, website, content or any of the service.
7.2.4.3 Harmful Impact. You must not and must not attempt to hamper, disable, interfere or attempt to interfere with Rally.tv, its application, codes, scripts or any part of it (including its security-related features or any transaction as may be concluded on this service), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to Rally.tv, its applications, websites, apps, content or any of its service or any technical installation.
7.2.4.4 User for Commercial Purposes. You must not use Rally.tv or any part thereof for commercial purposes, including without limitation the sale of access to Rally.tv.
7.2.4.5 Unlawful Activities. You must not use Rally.tv for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.
8. Warranty for Defects, Liability
8.1 Disclaimer, Warranty for Defects for Free Apps
8.1.1 Quality. Provider makes no express or implied representations or warranties of any kind (and all representations and warranties are expressly rejected to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), functionality, marketability, availability, or completeness of Rally.tv, services or content provided therein or towards the non-infringement of IPR or any other rights of third parties or the suitability of the content for a particular purpose, or the uninterrupted continuity and/or availability of the Rally.tv service. Any decision or action taken by you on the basis or in relation to the information provided on or via Rally.tv are at your sole discretion and risk.
8.2.2 Availability. You acknowledge and agree that you access and use Rally.tv at your own risk on an ‘as is’ and ‘as available’ basis and that we are not liable for any errors or omissions, interruptions or defects in Rally.tv any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, power or network failure, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), unless caused by our gross and demonstrable negligence and subject always to clause 8.2.1. We do not warrant that the Rally.tv service will be corrected or available within a specific frame of time. We reserve the right at any time and without notice to interrupt the operation of Rally.tv (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction, security updates, or mandatory necessary changes, etc.
9. Privacy
We not only say that we try very hard to collect little personal data, we even practice this.
We use your personal data basically for the fulfilment of our contractual relationship (Art. 6 para. 1 b) GDPR) or also if you have expressly agreed (e.g. for our newsletter, Art. 6 para. 1 a) GDPR) and store your personal data only as long as this is also necessary for the fulfilment of these purposes and no other authorisation reason exists (e.g. due to mandatory government requirements or for compliance with legal obligations, Art. 6 para. 1 c) GDPR). Details can be found in our Privacy Policy.
Version: December, 2022