Effective Date: 01/07/2020
YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE AND AS A CONDITION PRECEDENT TO USING THIS
WEBSITE.
Superbikes Challenge Limited (hereinafter "SBKC" "we" or "us") operates this app and website (
superbikechallenge.co.uk) and any promotional contests and
services thereon (collectively the "Services") subject to your compliance with the conditions set forth in
this Mandatory Terms of Use Agreement (the "Agreement"). This Agreement, and the terms and conditions listed
in the Privacy Policy, govern the relationship between SBKC and you with respect to your use of the app and
website. Your use of the app and website creates a legally binding contract based on this mandatory terms of
use and the conditions contained in the privacy policy, and you hereby agree to all said terms and
conditions.You must keep your user password and any other information needed to login, if applicable, confidential and secure. We are not responsible for any unauthorised access to your account or profile by others and any ramifications of such access, and may take no action to disable any account until given explicit notice by you. Under confirmed unauthorised use circumstances we may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact
You acknowledge that you have read and understood the terms and conditions of this Mandatory Terms of Use
Agreement (and/or have had the opportunity to consult with counsel) and that you agree to be bound by all
of its provisions. If you do not agree to these Mandatory Terms of Use or the Privacy Policy, you must not
use the app or website, you should navigate away.
We may, at any time, and in our sole discretion, revise or update this Agreement by posting an amended
Agreement on the Website. Please check periodically for changes to the Agreement. Your use of the Website
following the posting of an updated Agreement constitutes acceptance of the last updated Agreement. If you
do not accept the changes, you must delete any account you have, and refrain from using the Website. Your
continued use of the Website will signify your acceptance of these terms.
TERMS OF USE UPDATES
We may revise this Agreement at any time. By using the Website and/or Services, you agree to the
then-current version of this Agreement as posted on the Website. If at any point, you do not agree to any
portion of the then-current version of this Agreement, you must immediately stop using the Website and/or
Services.
LICENSE TO USE WEBSITE
As long as you are in compliance with the conditions of this Agreement and all associated documents
incorporated herein, we hereby grant you a limited, revocable, non-assignable, non-sub licensable,
non-exclusive license to use the Website and all Content and Materials thereon that are intended to be
displayed publicly. Any violation of the terms or conditions of this Agreement is grounds for immediate
termination of this limited license. No other rights are granted, implied or otherwise.
INCORPORATED TERMS
The following additional terms are hereby incorporated into this Agreement by reference, and your assent to
this Agreement binds you to all of the additional terms in the following documents:
- Copyright Policy
- Complaint Policy, including trademark complaints
- Privacy Policy
- Official Rules
AVAILABILITY AND USE OF THE APP & WEBSITE
While we make reasonable efforts to ensure that the App & Website is available at all times, we do not
guarantee, represent or warrant that access to them will be uninterrupted or error-free, and we do not
guarantee that users will be able to access or use all or any of their features, promotions, games or
contests at all times.
We may, at any time, revise or change availability, specifications, content, descriptions or features of any
services offered through the App or Website, at any time, in our sole discretion. The inclusion of any
material or services on the App or Website at a particular time does not imply or warrant that these
materials or services will be available at any time.
We are under no obligation to maintain the App or Website or any information, Content, Submissions,
Materials, or other matters that you submit, post or make available to, or are otherwise available. We
reserve the right to withhold, remove and or discard any such material on the App or Website or available or
placed by you thereon as part of your account (if you have one), with or without notice at any time.
You are prohibited from attempting to or actually access those portions of the Website for which you have no
permission.
The App or Website, including but not limited to the SBKC (the "Promotion") is operated by Superbikes
Challenge Limited.
IMPORTANT NOTICES/DISCLAIMER
We may make available the information and materials on the Website, including but not limited to
summaries, descriptions, user profiles, professional summaries, text, articles, videos, images, graphics,
publications, news, surveys, articles, seminars, information regarding products, and any other such
materials appearing on the Website (the "Materials"), for general informational and entertainment purposes
only.
The Materials are not intended to constitute, and DO NOT constitute, medical, legal or business advice.
Those accessing the Materials should not act upon them without first seeking appropriate counsel, as these
Materials are general in nature, and may not apply to a particular circumstance. The Materials should not
be used as a substitute for consultation with a professional adviser.
The App or Website may contain typographical errors or inaccuracies, including but not limited to errors
or inaccuracies related to service information or availability, and may not be complete or current. We
reserve the right to correct any errors, inaccuracies or omissions and to change or update information at
any time without prior notice.
RULES OF CONDUCT
Your use of the App or Website is conditional on your compliance with the rules of conduct as well as all
other terms of the Agreement.
You agree that you will not, in connection with your use, violate any applicable law or regulation.
Without limiting the foregoing, you agree that you will not make available through Website and/or Service
any material or information that infringes any copyright, trademark, patent, trade secret, or other right
of any party (including rights of privacy or publicity).
You must provide true and accurate information at all times in any Material, Content, Submission, or other
material or information you provide through the App or Website.
You must keep your user password and any other information needed to login, if applicable, confidential and
secure. We are not responsible for any unauthorised access to your account or profile by others and any
ramifications of such access, and may take no action to disable any account until given explicit notice by
you. Under confirmed unauthorised use circumstances we may take reasonable efforts with reasonable speed, to
disable, lock or otherwise address your situation. In the event that you would like to report a breach,
please contact{" "}
support@superbikeschallenge.com
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the term "Account Breach Notice" in the subject line.
You agree not to use the App or Website for any unlawful or fraudulent purpose, including impersonating any
person or entity, including, but not limited to, any SBKC employee, agent, or representative; or expressing
or implying that we endorse any statement you make. You may not use any information obtained from the App or
Website to harass, spam or intimidate others or to contact them without their permission.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the
App, Website or Materials. Further, you may not interfere with or disrupt the operation of the App or
Website, including restricting or inhibiting any other person from using the App or Website by means of
hacking, or defacing any portion of the App or Website. Further, transmitting or making available in
connection with the App or Website any denial of service attack, virus, worm, Trojan horse, root kit or
other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other App
or Website visitor's or user's right to privacy or other rights, or mine, harvest or collect personally
identifiable information about visitors or users, or about our employees or other individuals identified on
the App or Website, without their express written consent. You may not mine or harvest information from the
App or Website, including any scraping.
You may not access any portion of the Website that is not public or is not meant to be accessed by general
users, and you may not attempt to override any security measures in place on the App or Website.
To the extent that you may access or download any software that is made available through the ("Software"),
such Software is the copyrighted work of Superbikes Challenge Limited and/or its various licensors. Your use
of the Software may be governed by the terms of an end user license agreement, if any, which may accompany
or be included with the Software. You may not install or use any Software that is accompanied by or includes
such an end user license agreement unless you first agree to the terms of such agreement. Any warranty
applicable to the Software will be specified in the terms of the License Agreement and no additional
warranties are provided herein. If you have any inquiries concerning these terms, please consult with us
before accessing any programs.
CONTENT SUBMITTED OR MADE AVAILABLE TO THE WEBSITE
You are under no obligation to submit any materials to the Website, and unless otherwise noted herein, we
will not claim ownership of any text, software, music, sound, photographs, graphics, video, messages or tags
("Content") you submit or make available through or on the Website.
However, should you choose to utilize the Website to submit, upload, or otherwise provide any Content, you
hereby grant SBKC a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable,
sub-licensable, perpetual, irrevocable license to use, copy, distribute, reproduce, modify, adapt, improve,
create derivative works from, publish, remove, delete, translate, publicly perform, publicly display and
commercialize the Content, in whole or in part, in any way or manner now known or in the future discovered
or developed, and to incorporate such Content into other works in any format or medium now known or later
developed, for any purpose whatsoever, commercial or otherwise, without providing compensation or
attribution to you or any person or entity, without further consent, and without any liability whatsoever.
You further expressly permit, license, and assent to SBKC right to register, deposit, or otherwise record
any modification or derivative work created by SBKC from the Content with any foreign or domestic
registration bodies, including but not limited to the United Kingdom Intellectual Property Office, the
United States Copyright Office, and the United States Patent and Trademark Office. You further hereby
expressly and irrevocably waive all moral rights in the Content. Further, to the extent that you upload any
images with an identifiable individual, you hereby provide a license to use such individual's name, image,
likeness and persona in connection with the Website. You hereby represent that you are authorized to grant
the licenses identified herein.
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or
materials similar thereto ("Submissions") or other Content to the Website, you hereby explicitly agree,
represent and warrant that:
(a) all such Submissions and Content are true and accurate, (b) such Submissions and Content do not contain
confidential or proprietary information, and their provision is not a violation of any contractual or legal
right of any party; (c) we are not under any obligation of confidentiality relating to the Submissions or
Content, either express or implied; (d) we shall be entitled to use or disclose the Submissions or Content
in any way, manner, purpose or otherwise, worldwide; and (e) you are not entitled to any compensation,
attribution or reimbursement of any kind from in exchange for the Submissions.
Further, we may access and use the Website and any Services, and any information stored thereon, including
the contents of any Content or Submissions, for any lawful purpose.
You agree not to upload, distribute, make available or otherwise publish through the Website or any Service
thereon, any Content or Submission that:
-
Contains a virus, corrupt file, or any other similar software or programs which may damage the operation
of another's computer;
- Is unlawful or encouraging of another to commit unlawful activity;
-
Violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or
other intellectual or proprietary property right of any party;
-
Defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or
publicity rights, abusing, threatening, harassing, bullying or otherwise objectionable;
-
Constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by
us;
- Contains a contest, pyramid scheme or chain letter;
- May restrict or inhibit any other user from using the Website; or
- Violates any rules of conduct, which may be applicable to a particular Communication Service.
Content Screening and Disclosure
We do not, and cannot, pre-screen or monitor all Content or Submissions. However, our representatives and we
may monitor any and all Submissions or Content submitted, posted, uploaded, or otherwise communicated to the
Website, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that
you have no expectation of privacy concerning the submission of any Content or Submission. We do not assume
any responsibility or liability for Content or goods that are generated by users of the Website and/or
Services. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or
remove any Content or Submission.
INTELLECTUAL PROPERTY RIGHTS
The Materials, App, Website and its downloadable contents are protected by the copyright laws of the United
Kingdom, United States and other jurisdictions worldwide. You may print and/or download a copy of any part
of the Website for your personal, non-commercial use, but you may not copy, distribute, make commercial use
of or otherwise exploit any part of the Materials or the Website for any other purpose without our express
written consent, and you may not modify any part of the Website for any reason. You may not remove any
trademark, copyright, or other rights notice, which appears on the Website or is included in the source
code, metadata and image metadata of any part of the content of the Website.
The trademarks, service marks, logos and any designs used or displayed on the App or Website are
owned/licensed by/from their respective owners and/or licensee, as indicated where appropriate. Any use of
copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or
republication of same without the prior express written permission of their owners/licensors is not
permitted.
PRIZES
The Winner of the VIP Hospitality Experience must be available to attend Round 12, the final Grand Prix at
Brands Hatch on the 18th October 2020. Tickets cannot be exchanged, swapped or re-sold.
The winner of the £50 Amazon Voucher, “Beat Bournemouth Pete” competition will be chosen at random from all
winning entries.
Prizes are non-transferable and have no cash alternative.
All prizes are subject to availability and may change at our discretion. However, prizes are displayed on
the website prior to each Superbikes Grand Prix.
Only one entry per person, entries on behalf of another person will not be accepted and joint submissions
are not allowed.
Delivery of prizes is included within the United Kingdom only. Winners living overseas are liable for the
extra shipping expenses and all related import and export duties, taxes and levies. For all prizes that
include any form of travel, the starting destination will be the United Kingdom and winners and the
accompanying party must have valid passports and carry all necessary documents (including visas, if
necessary). Winners of these prizes will be expected to organise their own travel to the departure
destination and will be responsible for all additional costs and expenses associated with using this prize
including travel to and from the airport, transfers, meals, hotel mini bar and/or phone calls, travel
insurance, loss of usage. We suggest that winners should arrange suitable travel insurance to cover the
trip. An adult must accompany any winners under the age of 18 on trips.
WINNERS
Winners will be contacted at the email address they have provided as part of their registration for the game
(72) hours after each Grand Prix race. Winners will have (2) weeks to respond to their email notification
and claim their prize. Failure to do so will result in forfeiture of their prize. The prize is awarded
conditionally upon acceptance and if any prize is unclaimed or declined within a reasonable period, the
prize shall be deemed as unclaimed or unaccepted and no supplementary winner will be contacted.
THE APP
*Apple Inc or Google Inc are not in any way a sponsor, nor involved in or related to the Superbikes
Challenge
ENFORCEMENT AND TERMINATION OF SERVICES
We reserve the right to deny services to any user at our sole and absolute discretion. The Website and
Services are offered with the understanding that we may terminate any account registered to you and/or your
access to the Website or Services, including any promotion, game or contest on the Website, at any time, for
any reason or no reason, including without limitation for any violation the Agreement.
Without limiting the foregoing rights or assuming additional liability or obligation, we have a policy of
terminating users who are repeat violators of the United States Copyright Act, as required in compliance
with the law.
All grants of any rights from you related to Content, Submissions, Materials, or other materials, including
but not limited to copyright or other intellectual property licenses, any representations and warranties
made by you, and any defence or indemnification obligations by you shall survive any termination of this
Agreement.
DISCLAIMER OF WARRANTIES
The app, website and services, and any goods sold through the services, are provided on an "as is" and "as
available" basis for your use, and we specifically disclaimer all warranties of any kind, either express or
implied, including without limitation the warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and those arising from course of dealing or usage of trade. We make no warranty as
to the accuracy, completeness or reliability of any content or materials available through the website
and/or services. You are responsible for verifying any information before relying on it. Use of the website
the services and/or the content or materials available on the website and/or services is at your sole risk.
We do not warrant that you will be able to access or use the website and/or services at the times or
locations of your choosing; that the website or the services will be uninterrupted or error-free; that
defects will be corrected; or that the website or the services are free of viruses or other harmful
components.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall SBKC, or its affiliates, parents, licensors and
business partners (collectively, the "related parties") be liable, whether based in contract, tort
(including negligence), strict liability or otherwise, and shall not be responsible for any losses or
damages, including without limitation direct, indirect, incidental, consequential, or special damages
arising out of or in any way connected with access to or use of the website and/or services, even if the
possibility of such damages is made known.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not
enforceable, then you agree that SBKC, or any of its subsidiaries, parents, affiliated companies, employees,
members, shareholders, or directors shall not be liable for (1) any damages in excess of £75, or (2) any
indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits
or data to you or any third party from your use of the Website or any Content, Submissions, Materials or
other materials on, accessed through or downloaded from the Website. This limitation shall apply regardless
of the basis of your claim or whether or not the limited remedies provided herein fail of their essential
purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of
this Agreement or applicable law that cannot be disclaimed in this Agreement.
INDEMNITY AND RELEASE
You agree to defend, indemnify and hold SBKC, and their suppliers, subsidiaries, parents, licensors, and
licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from
all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable
legal fees, expert witness fees, and costs of litigation arising out of or based on (a) Content or
Submissions you submit, post to or transmit through the Website and app, (b) your use of the Website and
app, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or
illegal, or violates the rights of any individual or entity, engaged in, caused by, or facilitated in any
way through the use of Website, including but not limited to any allegation that anything you transmit or
attempt to transmit, including but not limited to any Content or Submission you submit, post, or otherwise
make available, through or in connection with the App or Website, infringes or otherwise violates the
intellectual property, privacy or other rights of any third party.
To the extent that you voluntarily provide your login, password or member information to another, you agree
to be bound by and responsible for their actions hereon. Should you learn of a breach or violation of your
identity, including the misappropriation of your password, you should notify us immediately.
You are hereby agreeing to release SBKC, and their suppliers, parents, subsidiaries, affiliates, officers,
directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees,
and advertising partners from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or
unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related
to such disputes and/or to the Website and related products and services.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of
this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact
us directly to determine whether a special exemption or modification may be warranted.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website is controlled and operated by SBKC under English Law, regardless of
where its servers may be located, from time to time. You agree that any dispute arising under the Agreement,
or relating to the Website or the Services, shall be resolved exclusively by arbitration as set forth below.
By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for
purposes of resolving these disputes.
Although the Website is available worldwide, you understand and agree that the law of your home jurisdiction
may provide protections not provided in English Law, and that by visiting the Website you unequivocally and
unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms
and conditions stated in this Choice of Law and Jurisdiction clause.
In any proceeding arising out of this Agreement, you agree that service may be made upon you by e-mail to
your e-mail address then on file and/or attached to your account.
EXPORT CONTROL
Your use of the Website may be subject to export and re-export control laws and regulations. You acknowledge
that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software, prizes or
the Services to any end-user without obtaining required authorizations.
You also warrant that you are not prohibited from receiving UK origin products, including but not limited to
those that may appear on the Website.
POLICIES FOR CHILDREN
The App or Website is not directed to individuals under the age of 13, nor does it contain information which
would be potentially harmful to minors in any way. However, we advise all visitors to the App or Website
that are under the age of 13 not to disclose or provide any Personally Identifiable Information. In the
event that we discover that a child under the age of 13 has provided.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that
parental control protections are commercially available to assist you in limiting access to material that is
harmful to minors. More information on the availability of such software can be found through publicly
available sources. You may wish to contact your Internet Service Provider for more information.
ARBITRATION, DISPUTE RESOLUTION AND LIMITATIONS
Before initiating any arbitration or court proceeding involving SBKC, or otherwise related to the App or
Website, you agree to first attempt to negotiate any dispute, controversy or claim ("Claim") informally for
at least thirty (30) days. Negotiations will begin upon written notice. You should send your notice to us at
support2015@suprbikeschallenge.com
If the parties fail to resolve a Claim against SBKC, or otherwise related to the Website, through
negotiations within such thirty (30)-day period, if you wish to continue pursuit of your Claim, you may only
do so through arbitration. You may initiate arbitration by sending a written notice requesting arbitration
to SBKC.
By using our services, you agree to binding arbitration. If any disputes or claims arise against us such
disputes will be handled by an arbitrator of our choice. All decisions rendered by that arbitrator will be
binding and final. You are also responsible for any and all costs related to such arbitration.
Except as otherwise set forth in this Agreement, you may seek any remedies available to you under federal,
state, county or local laws in an arbitration action. As part of the arbitration, both you SBKC will have
the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator
will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the
arbitrator's findings and conclusions on which the arbitrator's decision is based.
By agreeing to this arbitration provision, you understand that you are waiving the right to sue in court and
have a jury trial.
You agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis
or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a
purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined
with any other.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of
action you may have arising out of, relating to, or connected with your use of the Website, must be filed
within one calendar year after such claim or cause of action arises, or forever be barred.
GENERAL
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or
unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed
severable from this Agreement and will not affect the validity and enforceability of any remaining
provision.
Revisions. This Agreement may only be revised in a writing signed by us, or published by us on the Website.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists
between you and us as a result of this Agreement or your use of the Website.
Assignment. We may assign its rights under this Agreement, in whole or in part, to any person or entity at
any time with or without your consent. You may not assign the Agreement without our prior written consent,
and any unauthorized assignment by you shall be null and void.
Attorneys' Fees. In the event, any litigation is brought by us in connection with this Agreement, the
prevailing party in such litigation shall be entitled to recover from the other party all the reasonable
costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a
present or future waiver of such provision, nor in any way affect the right of any party to enforce each and
every such provision thereafter. The express waiver by us of any provision, condition or requirement of this
Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or
requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to:
Superbikes Challenge Limited, Clavering Gardens, Brentwood Essex CM13 3ND. You hereby agree that we would be
irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree
that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise
have available to us under applicable laws.
Entire Agreement. Unless in a writing signed by us, this Agreement, including the documents expressly
incorporated by reference, constitutes the entire agreement between you and us with respect to the Website
and/or the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or
written.
Contacting Us. You may contact us at
info2015@superbikeschallenge.com
COPYRIGHT
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes
the copyright in your work, please contact us by email containing the following:
-
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of
the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
-
Identification, with information reasonably sufficient to allow its location of the material that is
claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
-
A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and,
-
A statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not
be valid.
All rights are reserved and property of Superbikes Challenge Limited. All information and content in our
website is the property of Superbikes Challenge Limited or its licensors and is protected by copyright,
trademark and property laws. We expressly reserve other rights and licenses. You are authorized for
non-commercial use to print or display the information and materials. Governing Law: These Terms shall be
governed by the laws in England.
Please note that certain types of email attachment cannot be accepted at the email address for security
reasons. Accordingly, any notification of infringement submitted electronically with an attachment may not
be received or processed. If you need to send an attachment, then contact us and a further private address
for email with attachments will be provided.