General (applicable to all services)

1. ATR membership and the right to access the Services are personal to you. You agree to keep your password and username confidential. You are fully responsible for all actions undertaken by any person using the password/username for your membership account and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions.

2. ATR provides the Services and Systems (the Archive System and the ATR Player) on an “as is” basis and make no representations or warranties of any kind with respect to any or all of the Services or Systems or their content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law. We do not warrant that the Services will meet your particular expectations or requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the Services, except to the extent required by law.

3. You may not copy, modify, reproduce, republish or retransmit or in any way exploit any of the content of the Services or the trademarks or logos associated with the Services without the express written permission of ATR. The Services are made available to you solely for your personal and private use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material as part of the Services. All rights are reserved.

4. Neither ATR nor any of our directors, employees or other representatives (nor the directors, employees or other representatives of our agents, sub-contractors or group companies) will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the Services and/or the provision of access to the Services. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of any or all of the Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit or exclude our liability for death or personal injury resulting from our negligence.

5. We may suspend or terminate any or all of the Services or your access to any or all of the Services at any time in our absolute discretion and may terminate (by email notice) your ATR membership for breach of any of the Terms and Conditions.

6. From time to time, your access to any or all of the Services may be suspended in order for work to be carried out relating to the upgrading or maintenance of the Archive System and/or ATR Player (or other systems of ATR) or otherwise as necessary for the provision of the Services. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.

7. From time to time we may change the minimum specification for receiving audio/video content; any changes will be posted on the attheraces.com website.

8. You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you (or any other user in your household or anyone else who may access the Services through your terminal using your password) or any other liabilities arising out of your or their use of or access to the Services and/or the Systems.

9. Any notices we send will be sent to the email address you supply during any registration process required for accessing the relevant Service. Any notices you send us (including any cancellation of your ATR membership) should be sent by email to atrplayer@attheraces.com (or such other address specified in these Terms and Conditions). Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If you wish to report any difficulties with using the Services please use the ‘Contact Us’ page on the attheraces.com website.

10. If we fail to exercise or enforce any right we have under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion.

11. Any personal data you have provided on registration or through your use of the Services will be treated in accordance with ATR’s Privacy Policy. ATR will not be responsible for loss or misuse of personal information which is intercepted or otherwise misused by unauthorised persons. ATR may monitor your use of the Services to ensure your compliance with these Terms and Conditions.

12. We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control.

13. We reserve the right to vary and/or update these Terms and Conditions and impose new conditions at any time. Updated or revised Terms and Conditions will be posted on this website and can be viewed by you at any time. We recommend you check back regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to access any of the Services from the date the updated Terms and Conditions are so posted.

14. We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to a group company or other third party. These terms and conditions (as amended by us from time to time) constitute the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made other than any fraudulent misrepresentation and it may be amended only by us on notice to you.

15. These Terms and Conditions and your access to and use of Services are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.