WWW.ARMINSCHWARZ.COM

TERMS OF SALE

These are the terms and conditions of sale (the "Terms of Sale") which apply to the purchase of pixels on the Virtual Car Club section of the website (the "VCC").

1. APPLICABILITY OF THE TERMS OF USE

The Terms of Use of the website (the " Terms") (which can be found at www.armin-schwarz.com) are incorporated into these Terms of Sale. By agreeing to the Terms of Sale (by clicking on "I Agree" below) you also agree to the Terms, all of which form a binding contract between you and us. In the event of a conflict between the Terms of Sale and the Terms, the Terms of Sale will prevail.

You should read the Terms of Sale and the Terms carefully before purchasing pixels from us.

2. PURCHASE OF PIXELS AND PAYMENT

2.1 You may only purchase pixels on the VCC if you are aged 18 years or over. The minimum number of pixels that may be purchased is 10 x 10.

2.2 In order to purchase pixels on the web site you will need to complete an order form and upload the image, logo, picture, trade mark, device or website link that you wish to display within those pixels ("Your Advertisement"). Images must be in GIF or JPEG format and a reasonable file size. Images may not be animated. Links to websites must begin with http://.

2.3 You will be asked to check the details of your order and confirm that you have read the Terms of Sale before completing the transaction.

2.4 If your order is accepted, a final confirmatory web page will be displayed stating that you have successfully completed your purchase and specifying the pixels that have been allocated to you on the VCC. You will also receive an email confirming that you are a registered sponsor of the Armin Schwarz web site (a "Registered Sponsor").

2.5 You should print off a copy of the final confirmatory web page, the confirmatory email, these Terms of Sale and the Terms and keep them safe. You may need to refer to these details when contacting us about your purchase.

2.6 The price payable by you for the pixels is the price given on the website at the time you place your order. Unless otherwise stated the price displayed on the website is inclusive of VAT and other applicable taxes. All monies paid by you are non-refundable.

2.7 We will take payment from you at the time you place your order. However taking payment does not mean that we have accepted your order, and in the event of us not accepting your order (for any reason in our absolute discretion) a refund will be given as soon as reasonably practicable (and in any event within 30 days of us advising you that your order has not been accepted). We will refund you the amount you have paid for the relevant order less 20% (to cover our administration costs).

3. LICENCE TO DISPLAY YOUR ADVERTISEMENT

3.1 In uploading Your Advertisement to the VCC you agree to grant to us during the Term a non-exclusive, non transferable licence to display Your Advertisement on the web site.

3.2 You agree to indemnify us including, without limitation, our employees, agents, representatives, officers and directors against any demand, damage, liability, costs or expenses (including reasonable attorney's fees) arising out of or in connection with any claim or potential claim that Your Advertisement infringes the intellectual property rights or any other rights of a third party.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All rights in the material on the website are owned either by us or made available to us under licence by third parties.

4.2 Purchasing pixels on the website permits you the right to display Your Advertisement on the website for the Term. You will not acquire any right, title or interest in the website or the VCC.

4.3 All material on the website is protected by copyright in the United Kingdom and other countries. With the exception of any trade marks or devices owned by you, all trade marks and devices displayed on the website are owned either by us and/or our licensors. Save as provided below, any use or reproduction of trade marks and/or devices owned by us or our licensors is prohibited.

5. RIGHTS OF REGISTERED SPONSORS

5.1 If your order for pixels is accepted you will receive an email from us confirming that you are a Registered Sponsor. This email will contain a password allowing you to access to the Media Domain (the "Media Domain").

5.2 As a Registered Sponsor you will receive via email or post the following:

(i) The latest VCC video or picture clips, more or less every ten days;
(ii) Armin Schwarz’ newsletters, race reports, photos and information on current incentive possibilities;
(iii) Free access to the Media Domain;
(iv) Free access to the websites of all partners;
(v) Various activities and benefits such as lottery draws of partners products;
(vi) Download of the sound of the Class 1 “Monster Bug” as ring tone; and
(vii) Upon request, regular and exclusive email updates or such other information on the Baja 1000 Project.

5.3 Subject to clause 3 of the Terms, as a Registered Sponsor you may also be permitted to upload comments, video clips, race reports and other such content to the website. However, we reserve the right in our absolute discretion to remove any material from the website or to amend, alter, redesign or change anything contained in or on it at any time and without notice.

6. TERM AND TERMINATION

6.1 Your Advertisement will be displayed within the pixels allocated to you for a period of three years beginning on the date that you receive the confirmatory email from us stating that you are a Registered Sponsor of the website (the "Term").

6.2 We may, in our absolute discretion, terminate this agreement and remove Your Advertisement from the VCC without reason upon 30 days written notice to you.

6.3 If you would like Your Advertisement removed from the VCC at any time during the Term, you must provide us with written notice of such request. We shall use our reasonable endeavours to remove Your Advertisement from the VCC within 30 business days of receiving your written request.