Terms of Use

Provider

Hjelte Racing

Contact

team@hotlaps.nl

1. Definitions

In these Terms of Use the following definitions apply:

2. Applicability

These Terms of Use apply to every use of the Platform. By visiting the Platform, entering an Access Code, or registering an email address, the User agrees to these terms, the related Privacy Statement, and the Disclaimer.

If the User does not agree to these terms, he or she must not use the Platform.

3. Access to the Platform

3.1 Conditions for access

Access to personal Content on the Platform requires:

1. A valid Access Code, provided via a Hang Tag by the Organizer of the event in which the Participant took part.
2. A working email address owned by the Participant and able to receive verification emails.
3. Verification of the email address by clicking the magic link in the verification email within 1 hour of sending.
4. A device with a modern web browser that supports HTTPS, JavaScript, and cookies.

3.2 Personal nature of access

The Access Code and the resulting sign-in session are strictly personal. The Participant is not permitted to share the Access Code, the magic link, or the Hang Tag with third parties, whether free of charge or for payment. Where unauthorized sharing is suspected, Hotlaps reserves the right to block access.

3.3 Loss of Hang Tag or Access Code

If the Participant loses the Hang Tag or Access Code, he or she can contact the Organizer. Hotlaps may, at the Organizer's request, generate a new Access Code. Hotlaps does not issue replacement Access Codes directly to Participants.

3.4 Availability of access

Access to personal Content remains available for a period set by the Organizer after the event, with a minimum of 6 months unless otherwise communicated. After this period the Content is deleted and the Access Code is no longer valid.

4. Permitted Use

The User may use the Platform and the Content for the following purposes:

• Personal viewing of the Content provided to him or her via the Platform.
• Downloading the Content for personal, non-commercial use on the User's own devices.
• Sharing the Content with close family and friends in a personal context.
• Posting the Content on the User's personal social-media accounts, in accordance with the conditions in article 6.

5. Prohibited Use

The User is expressly not permitted to:

• Provide the Access Code, the Hang Tag, the magic link, or the sign-in session to third parties.
• Attempt to access Content of other Participants without a valid Access Code.
• Use the Platform for commercial purposes without the prior written consent of Hotlaps.
• Sell, license, rent, or otherwise commercially exploit the Content.
• Use the Platform in a way that may disrupt its operation or undermine its security.
• Use automated means (bots, scrapers, crawlers) to extract Content or metadata from the Platform.
• Reverse engineer, decompile, or disassemble the source code of the Platform.
• Remove or alter copyright notices or other notices on the Content.
• Use Content in a way that conflicts with the honour and reputation of other persons appearing in the imagery.
• Carry out actions on the Platform that are in conflict with applicable laws and regulations.

6. Use on Social Media

The Participant is permitted to post the Content provided to him or her personally on his or her personal social-media accounts, provided the following conditions are met:

1. The Content is shared in a personal, non-commercial context.
2. On the Content itself, or in the captions — where reasonably possible — credit is given to the Organizer of the event, for example by means of a tag or mention.
3. The Participant does not remove watermarks, logos, or other identifying marks added to the Content by the Organizer or Hotlaps.
4. Other persons identifiable in the Content are not placed in a disqualifying or offensive context.
5. The Content is not used for commercial purposes, advertising, or promotional activities for products or services of third parties without the written consent of Hotlaps and the Organizer.

7. Ownership of Content

7.1 Copyright

Copyright in the Content is vested in the maker of the imagery or in the Organizer of the relevant event. Hotlaps obtains a licence from the Organizer to make the Content available to verified Participants via the Platform.

7.2 Licence to the Participant

The Participant receives a personal, non-transferable, non-exclusive, royalty-free licence to download, store, and share the Content provided to him or her personally for personal use in accordance with these Terms of Use.

7.3 Limitations on the licence

The licence does not include the right to commercially exploit the Content, to license it to third parties, or to substantially alter it in a way that changes its original character. The Participant may crop the Content for social media or apply a filter for personal use.

7.4 Image rights

By taking part in a track day event, the Participant grants the Organizer and Hotlaps a licence to make available, on the Platform, the imagery captured of the Participant and his or her vehicle during the event, to other verified Participants and to the Participant himself or herself.

If the Participant objects to the publication of specific imagery, he or she can contact the Organizer or Hotlaps via team@hotlaps.nl. Hotlaps will, in consultation with the Organizer, assess the objection and where necessary remove the imagery in question from the Platform.

8. No Account System

The Platform operates on the basis of magic-link authentication, not permanent user accounts. This means:

• The User does not create an account with a password.
• Access is granted via verification of the email address by means of a single-use link.
• Sessions remain valid for a period of up to 30 days, after which verification is required again.
• The User cannot “unsubscribe” from the platform in the manner customary for account-based services. For erasure of personal data we refer to the Privacy Statement.

9. Termination of Access

Hotlaps reserves the right to terminate or suspend a User's access to the Platform with immediate effect and without prior notice in the following cases:

• Where the User breaches these Terms of Use.
• Where fraud, improper use, or abuse of the Platform is suspected.
• At the request of the Organizer, where there are well-founded reasons for doing so.
• On termination of the cooperation between Hotlaps and the Organizer.
• Where Hotlaps, for whatever reason, ceases or fundamentally changes the Platform.

On termination of access, the User is not entitled to a refund of any amounts paid by him or her, to the extent these were paid directly to Hotlaps.

10. Liability

The liability of Hotlaps for use of the Platform is governed by the Disclaimer (see hotlaps.nl/disclaimer). The limitations of liability included there apply in full to these Terms of Use.

11. Privacy

The processing of personal data of the User is governed by the Privacy Statement (see hotlaps.nl/privacy). By using the Platform the User declares to have taken note of the Privacy Statement.

12. Complaints and Disputes

12.1 Complaints

Complaints about the Platform or about the services of Hotlaps can be submitted in writing via team@hotlaps.nl. Hotlaps will respond to the complaint within 14 working days. Hotlaps strives to resolve complaints in good consultation with the User.

12.2 Online dispute resolution

The European Commission provides an online platform for dispute resolution (ODR platform), available via ec.europa.eu/consumers/odr. Hotlaps is not obliged and not willing to resolve disputes via this or any other alternative dispute resolution.

12.3 Competent court

Disputes arising from or in connection with these Terms of Use or the use of the Platform are submitted exclusively to the competent court in the district where Hotlaps has its registered office, unless mandatory law designates another court.

13. Governing Law

These Terms of Use, the use of the Platform, and all rights and obligations arising from them are governed exclusively by Dutch law.

14. Changes

Hotlaps reserves the right to amend these Terms of Use from time to time. The most current version is always available at hotlaps.nl/terms. For material changes, Hotlaps will inform registered Users by email at the address provided at registration. The amended terms enter into force 30 days after announcement, unless statutory provisions require a different period.

If the User does not agree to the amended terms, he or she must not continue to use the Platform. Continued use after the amended terms enter into force constitutes acceptance of those terms.

15. Final Provisions

15.1 Entire agreement

These Terms of Use, together with the Privacy Statement and the Disclaimer, constitute the entire agreement between the User and Hotlaps regarding use of the Platform and replace all prior oral or written arrangements.

15.2 Severability

If a provision of these Terms of Use is held to be invalid or unenforceable by a competent court, the remaining provisions remain in full force and effect. The invalid provision is replaced by a valid provision that most closely reflects the intent of the original.

15.3 No waiver

The fact that Hotlaps does not, at any given time, invoke a provision of these Terms of Use does not mean that it waives the right to do so at a later time.

15.4 Assignment

Hotlaps may assign its rights and obligations under these Terms of Use to a third party, for example in the case of a merger, acquisition, or sale of the business. The User may not assign his or her rights and obligations under these Terms of Use to third parties without the prior written consent of Hotlaps.

For questions about these Terms of Use, you can contact us via team@hotlaps.nl.