Use conditions

FASTREAM PLATFORM TERMS AND CONDITIONS

These term and conditions (hereinafter "Conditions") constitute the terms of the contract between the company FG91 S.r.l. (hereinafter "FG91") and the user (hereinafter "User") for the use of the Fastream platform streaming service (hereinafter "Viewing Service") and/or the Fastream platform streaming transmission service (hereinafter "Transmission Service") of the contents (hereinafter "Contents") available on the platform.

1. Account

The use of the Viewing Service is free of charge but requires registration and the creation of an account. By clicking on the "accept and continue" button during the registration process, User accepts these Conditions, which shall become binding in all respects. In order to create an account, User must be at least 18 years old, provide certain information (including a valid email address), and to accept these Conditions. The User is responsible for providing and maintaining accurate, up to date, and complete information. The User agrees not to misrepresent himself as another person or falsely represent an affiliation with any individual or other entity, not even by using another person's username, password or other account information, or another person's name or appearance, and to not provide false information about a parent or guardian. The User is aware that we may take measures to verify the accuracy of the information provided. User is responsible for the safekeeping and proper use of his/her access credentials in order to access the Viewing Service, as well as for any damage or harm resulting from the incorrect use, loss, misappropriation and/or compromise of the confidentiality of such credentials. User also agrees to immediately notify FG91 of any unauthorized access to his/her account.

2. Subscription

Subscription to the Transmission Service involves joining a recurring payment plan based on the offer selected. The subscription is automatically renewed at the end of the billing period starting from the moment of activation. Subscription cost shall be charged from the payment method chosen by the User at the time of the purchase confirmation and at the beginning of each new billing period, unless cancelled. Depending on the offer selected, subscription may also include storage space on a cloud platform (hereinafter referred to as "Fastorage") provided by FG91. If compatible with the chosen subscription, the User may purchase additional storage space, within the limits and at the price indicated in the offer.

3. Trial period

Subscription to the Transmission Service may begin with a free trial. The availability of a free trial is not guaranteed and, if available, it is only for Users who have never used the Transmission Service before. The first payment will be charged to the chosen payment method immediately after the free trial, unless cancelled in accordance with the instructions below. The User may terminate the subscription at any time before the end of the free trial. The duration of the free trial is communicated at the time of registration and no specific notification will be sent when the free trial has ended or is about to end, nor at the start of the paid subscription.

4. Payments

User is required to keep his payment details up to date by modifying them through his account settings. FG91 reserves the right to suspend the subscription if the payment is not successful.

5. Withdrawal.

The User may withdraw from the subscription at any time, but the termination will only take effect at the end of the ongoing billing period or the free trial period and, until then, the User may still use the Transmission Service. If the User is consumer, in accordance with the provisions in force in the various countries, he/she can terminate the subscription by sending an e-mail to info@fg91motorsport.com within 14 days starting from the subscription. In such a case, the withdrawal will be immediately effective. Fg91 reserves the right to withdraw from the subscription if the User: (i) violates these Conditions, or (ii) uses the Services in ways that may imply a real risk of damage or loss to FG91, or (iii) has not logged into his account for 12 consecutive months.

6. Price Changes

FG91 reserves the right to change the price of the subscription by notifying it to the User thirty (30) days in advance by email to the email address connected to the account. If the User does not want to accept such a change, he/she may withdraw from the Service in accordance with the instructions set out in the email received. If the User does not withdraw from the Transmission Service before the date on which the subscription price change becomes effective and before a new subscription period has commenced, the subscription will be renewed based on the price in force at the time of renewal, without the User having to perform any further activity; in such a case, the User authorizes FG91 to charge the new amount due. The User is responsible for the payment of all amounts, including any taxes, due to third parties for Internet access required to use the Transmission Service.

7. Subscriptions taken out through third parties

If the User subscribes to the Transmission Service through a third party (such as Apple Store, Google Play, etc.), such subscription is also governed by third party terms and conditions. If the provisions of these Conditions conflict with those of the third party, the terms and conditions of the third party shall prevail over the conflicting provisions of these Conditions. For subscriptions subscribed through a third party, the payment and billing relationship will be established directly between the User and the third party. Any amount charged for the subscription will be invoiced by the third party using the payment details provided by the User to the third party. To exercise the right to withdraw a subscription from the Service through a third party, User must follow the instructions provided by the third party terms and conditions.

8. License

In compliance with the provisions of these Conditions, FG91 grants the User a limited, non-transferable, non-sublicensable, revocable, non-exclusive, and non-sublicensable license for the sole purpose of using the Viewing Service and/or the Transmission Service and/or storing the recordings of the Contents on Fastorage, upon subscription with the consequent right to store the Contents on the User's device. The aforementioned license does not transfer to the User any ownership rights with respect to the aforementioned Services, Contents, trademarks, and all other intellectual property rights that are owned by FG91 and/or its respective licensors and are protected by intellectual property laws. In the event that the User shares the Contents, the User grants FG91 a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to transmit, use, distribute, modify, perform, copy, publicly perform or display, translate, and create derivative works of the Contents.

9. Restrictions on Use of the Services and/or the Contents

Except as expressly permitted by these Conditions, the User is not allowed to, directly or through any other person or entity, carry out any activities on the Services and/or the Contents or the underlying technology, including: - copying, transmitting, re-transmitting, decompiling, reverse-engineering, disassembling, or otherwise reducing to human-readable form, or any digital rights management mechanism, device, or other access control or protection measure; - make modifications by, but not limited to, removing identifiers, copyright symbols, or other proprietary symbols; - create derivative works from any component or update or parts thereof, except where such activities are permitted by non-mandatory law; - circumvent, modify, violate, tamper with, or disable any of the features or protections; - perform any act that is unlawful or in any way inconsistent with these Conditions.

10. Quality of the Contents

The User declares to be aware that the time required to start viewing the Contents and the reproduction quality, including the resolution, may be influenced by, among other factors, the format of the Contents, the User's location, the speed, the bandwidth, the specific characteristics of the Internet service, the devices used by the User, the number of devices connecting simultaneously to the same network, the Contents selected. The User is solely responsible for verifying the existence of the aforementioned technical requirements before using the Services.

11. Photosensitivity

The User declares to be aware that some Contents may contain certain patterns or sequences of flashing lights that may affect the User with photosensitive epilepsy or other photosensitivity and in any case exempts FG91 from any liability in this regard.

12. Availability of Services and/or the Contents

Some Services and/or Contents may not be available in all countries. Geographical restrictions will apply based on User subscription location. It is also possible that the Services and/or the Contents may not be available for streaming or downloading at any given time, for example (i) during maintenance or upgrade periods, (ii) in the event of a power outage or server failure; (iii) due to war, riots, strikes, social unrest; or (iv) due to other circumstances beyond FG91's control, provided that FG91 will use reasonable efforts to provide the User with as much notice as possible in such circumstances. In any event, the User understands that FG91 shall not be liable for any modification, suspension, or discontinuance of the Services, except in cases of willful misconduct or gross negligence.

13. Suspension and Discontinuation of Service

The User understands that FG91 may restrict, suspend, or terminate the User’s access to the Services and/or the Contents if FG91 deems that User is using or have used the Services and/or the Contents in violation of the Conditions or the applicable laws or regulations, or for purposes other than those of the Services and/or the Contents, or contrary to other applicable guidelines or requirements. In such a case, the User will receive prior notice by email to the email address connected to the account. FG91 may also limit or suspend the User's access to the account by giving reasonable notice to the User, including by electronic means, for additional reasons, including but not limited to (a) requests by law enforcement or other competent authorities, (b) problems or unforeseen technical issues, or (c) in the event that FG91 believes that the User’s account has been fraudulently created, or that access to the User’s account has been fraudulently accessed, or that someone is using the User’s account to commit any type of wrongdoing or for purposes other than those of the Service and contrary to other applicable requirements. FG91 also reserves the right, upon notice to the User, to terminate any account that remains inactive for one year. The User acknowledges that FG91 shall not be liable to him/her or to any third party for any User’s account access limitation, modification, suspension, or termination, as well as for access to the Services and/or the Contents, except in cases of willful misconduct or gross negligence. Upon termination of the account, whether terminated by FG91 or upon the User’s request, he/she will immediately lose the right to access to the Contents through the Services (except in the case of subscription termination: in such a case, the Service will be available until the end of the billing period).

14. Purpose of the Services

The User acknowledges and agrees that the Services are intended for informational and entertainment purposes only and do not offer legal, financial, professional, medical or health advice and may not be used for such purposes.

15. Third Party Services

The Services may integrate, be integrated into, or be provided together with third parties services and content User should read the terms of use, agreements, and data protection policies relating to such third-party services and content. In the event that the User accesses the Services using a third party service or device, he/she agrees that the access to the Service using such devices is also governed by the terms of use set forth in such third party's terms of service.

16. Contact

The User may contact FG91 by sending an e-mail to info@fg91motorsport.com.

17. Limitation of Warranties and Liability

The User understands and accepts, as an essential condition of acceptance of these Conditions, that the Services and/or the Contents are provided without warranty of any kind. Except in cases of willful misconduct or gross negligence, FG91, makes no express, implied, or statutory warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and compliance, and their equivalents under applicable law. The User further acknowledges and accepts that FG91 does not guarantee that the Services and/or the Contents are free of errors, viruses, or other harmful components. Except in cases of willful misconduct or gross negligence, FG91 shall not be liable in any way for indirect, special, incidental, punitive, or consequential damages of any kind, including profits lost and property damage, however caused, even if prior notice is given that the use of or inability to use the Services and/or the Contents may cause such damages. If the User shares the Contents, the User agrees that he/she is solely responsible and therefore: a) guarantees that he/she is the owner of the Contents or that he/she has the necessary licenses, consents and permissions and that he/she does not infringe the rights of third parties, including intellectual property rights and the ongoing provisions on the personal data processing (privacy); b) undertakes not to share the Contents that is contrary to public order, morality, the law, misleading, discriminatory, or fraudulent; c) agrees, in any case, to indemnify and hold harmless FG91 from any liability for any violation of third party rights, cause, action, claim, damage, penalty, expense, including any legal fees, subsequent to or relating to the violation of third party rights on the Contents shared by the User.

18. Applicable Law

These Conditions and the contracts between the User and FG91 are governed by Italian law.

19. Jurisdiction

For any dispute arising from or in connection with the interpretation, validity, or execution of the Conditions and, in any case, the contracts between the User and FG91, the Court of Milan shall have exclusive jurisdiction (unless the User is a consumer, pursuant to the provisions in force in the various countries: in such a case the place where the User resides or is domiciled shall also have jurisdiction).

20. Prevalent language

These Conditions are also available in Italian. The User acknowledges and agrees that in case of discrepancy between the English and Italian versions, the Italian version shall prevail. The User also acknowledges and agrees that in case of future changes or communications sent by the Service in a language different from the one indicated by the User, future changes and communications shall be considered valid and, in case of changes to these Conditions, shall be considered effective.

21. Miscellaneous Provisions

These Conditions prevail over any general conditions of the User and are applicable to all contractual relationships between FG91 and the User. These Conditions constitute the entire agreement between the Parties, and they supersede and replace all prior agreements, understandings, written or oral, reached between the Parties. The User acknowledges to have read and understood these Conditions and agrees to be bound by them. Each party subscribing to the subscription declares and warrants to have the right and capacity to make all the statements contained herein. These Conditions may not be replaced, superseded, or waived by the use of any other document unless otherwise agreed in writing. A delay or failure to exercise a right under these Conditions shall not be considered as a waiver of the corresponding right. A waiver of any particular provision of these Conditions may only be made in writing and shall not constitute a waiver or amendment of any other provision. If an individual provision or article is or becomes illegal, unlawful, or unenforceable, such invalidity shall not extend to the other provisions of these Conditions.