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Terms of 
service

Effective Date: 18th March 2023

TERMS AND CONDITIONS

Welcome to infinityperformanceuk.com

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and infinityperformanceuk.com ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.infinityperformanceuk.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Terms and Conditions;

  2. You are not a minor in the jurisdiction in which you reside;

  3. You will not access the site through automated or non-human means, whether through a bot,

    script, or otherwise;

  4. You will not use the site for any illegal or unauthorised purpose; and

  5. Your use of the site will not violate any applicable law or regulation.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

 

  1. Systematically retrieve data or other content from the Site to create or compile, directly or

  2. indirectly, a collection, compilation, database, or directory without written permission from us.

  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  5. Use any information obtained from the Site to harass, abuse, or harm another person.

  6. Make improper use of our support services or submit false reports of abuse or misconduct.

  7. Use the Site in a manner inconsistent with any applicable laws or regulations.

  8. Engage in unauthorised framing of or linking to the Site.

  9. Engage in any automated use of the system, such as using scripts to send comments or

    messages, or using any data mining, robots, or similar data gathering and extraction tools.

  10. Delete the copyright or other proprietary rights notice from any Content.

  11. Attempt to impersonate another user or person or use the username of another user.

  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services

    connected to the Site.

  13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing

    any portion of the Site to you.

  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the

    Site, or any portion of the Site.

  15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,

    JavaScript, or other code.

  16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in

    any way making up a part of the Site.

  17. Except as may be the result of the standard search engine or Internet browser usage, use,

    launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.

  18. Use a buying agent or purchasing agent to make purchases on the Site.

  19. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the for

    any revenue-generating endeavour or commercial enterprise.

  20. Advertise or offer to sell goods and services on Site.

  21. Sell or otherwise transfer their profile.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials,

    pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,

    slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not contain any material that solicits personal information from

    anyone under the age of 18 or exploits people under the age of 18 sexually or violently.

  12. Your Contributions do not violate any applicable law concerning child pornography or

    otherwise intended to protect the health or well-being of minors.

  13. Your Contributions do not include any offensive comments that are connected to race,

    national origin, gender, sexual preference, or physical handicap.

  14. Your Contributions do not otherwise violate or link to material that violates any provision of

    these Terms and Conditions, or any applicable law or regulation.

 

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion,

  1. To edit, redact, or otherwise change any Contributions;

  2. To re-categorise any Contributions to place them in more appropriate locations on the Site;

    and

  3. To pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

GUIDELINES FOR COMMENTS

We may provide you with areas on the Site to leave comments on Blogs when posting a comment, you must comply with the following criteria:

  1. Your comments should not contain offensive profanity, or abusive, racist, offensive, or hate language; your comments should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

  2. Your comments should not contain references to illegal activity;

  3. You should not be affiliated with competitors if posting negative comments;

  4. You should not make any conclusions as to the legality of conduct;

  5. You may not post any false or misleading statements; and

  6. You may not organise a campaign encouraging others to post comments, whether positive

    or negative.

We may accept, reject, or remove comments at our sole discretion. We have absolutely no obligation to screen comments or to delete comments, even if anyone considers comments objectionable or inaccurate. Comments are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to comments.

 

SUBMISSIONS:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms and Conditions;

  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or

    these Terms and Conditions, including without limitation, reporting such user to law

    enforcement authorities;

  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of,

    or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

  4. Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the United Kingdom and you irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION:

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a “Party” and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least before initiating the arbitration or filing the case in court of law. Such informal negotiations commence upon written notice from one Party to the other Party.

CORRECTIONS:

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the infinityperformanceuk.com or concerning infinityperformanceuk.com constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of infinityperformanceuk.com. You agree that these Terms and Conditions will not be construed against us by having drafted them. You hereby waive any plan you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions;

  2. Use of the Site;

  3. Breach of these Terms and Conditions;

  4. Any breach of your representations and warranties outlined in these Terms and Conditions;

  5. Your violation of the rights of a third party, including but not limited to intellectual property

    rights; or

  6. Any overt harmful act toward any other user of the Site with whom you connected via the

    Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the site, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Via Email: Kimberleymitchellmedia@gmail.com

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