Terms and Conditions
This agreement applies as between you, the User of
this Web Site and the Club, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these terms and conditions is deemed to occur upon
your first use of the Web Site. If you do not agree to be bound by these Terms
and Conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have
the following meanings:
“Content” means any text, graphics, images, audio,
video, software, data compilations and any other form of information capable of
being stored in a computer that appears on or forms part of this Web Site;
“Club” means MR2 Roadster Owners Club (MR2ROC);
and where appropriate its committee or other officials.
"Committee" means those individuals as
appointed by the Users from time to time in such positions as are deemed
appropriate to act on behalf of the Club in all matters relating to (but not
exclusively) the running of the Club and the provision of Web Site Services.
“Service” means collectively any online
facilities, tools, services or information that the Club makes available
through the Web Site either now or in the future;
“System” means any online communications
infrastructure that the Club makes available through the Web Site either now or
in the future. This includes, but is not limited to, web-based email, message
boards, live chat facilities and email links;
“User” / “Users” means any third party that
accesses the Web Site and is not employed by the Club and acting in the course
of their employment; and
“Web Site” means the website that you are
currently using (http://www.mr2roc.org) and any sub-domains of
this site unless expressly excluded by their own terms and conditions, or any
other website authorised by the Committee in addition to or in place of the
current site.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these
Terms and Conditions, all Content included on the Web Site, unless uploaded by
Users, including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying code and
software is the property of the Club, or our affiliates. By continuing to use
the Web Site you acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 of these Terms and
Conditions you may print, reproduce, copy, distribute, store or in any other
fashion re-use Content from the Web Site for personal purposes only unless
otherwise indicated on the Web Site or unless given express written permission
to do so by the Club. Personal use includes, but is not limited to,
recreational use, social use, and use in education as a student or teacher.
Specifically you agree that:
2.2.1 Subject to Clause 8 you will not use the
Content of the Web Site for commercial purposes; and
2.2.2 you will not systematically copy Content
from the Web Site with a view to creating or compiling any form of
comprehensive collection, compilation, directory or database unless given
express written permission to do so by the Club.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the
Intellectual Property Rights subsisting therein belongs to other parties. This
Content, unless expressly stated to be so, is not covered by any permission
granted by Clause 2 of these Terms and Conditions to use Content from the Web
Site. Any such Content will be accompanied by a notice providing the contact
details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without
written permission where any of the exceptions detailed in Chapter III of the
Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites.
Unless expressly stated, these sites are not under the control of the Club. We
assume no responsibility for the content of such web sites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Web Site does not imply
any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on
other sites may do so only to the home page of the site http://www.mr2roc.org without prior
permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of the Club. To find out more please contact us
Committee by PM (Private Message).
7. Use of Communications Facilities and Content
Submission
7.1 When using the forum and / or any other System
and when submitting Content to the Web Site you should do so in accordance with
the following rules:
7.1.1 you must not submit Content that is unlawful
or otherwise objectionable. This includes, but is not limited to, Content that
is libellous, abusive, threatening, harassing, defamatory, ageist, sexist,
racist or using obscene/vulgar language that is not within the spirit of the
board rules.
7.1.2 you must not submit Content that is intended
to promote or incite violence;
7.1.3 it is advised that posts on message boards,
chat facilities or similar and communications with the Club are made using the
English language as we may be unable to respond to enquiries submitted in any
other languages;
7.1.4 content submissions are required to be made
using the English language. Content in any other language may be removed at our
sole discretion;
7.1.5 you must not post links to other web sites
containing any of the above types of Content;
7.1.6 the means by which you identify yourself
must not violate these terms of use or any applicable laws;
7.1.7 subject to Clause 9 you must not engage in
any form of commercial advertising. This does not prohibit references to
businesses for non-promotional purposes including references where advertising
may be incidental;
7.1.8 you must not impersonate other people,
particularly employees and representatives of the Club or our affiliates;
7.1.9 you must not submit material that may
contain viruses or any other software or instructions that may damage or
disrupt other software, computer hardware or communications networks; and
7.1.10 you must not use our System for
unauthorised mass-communication such as “spam” or “junk mail”.
7.1.11 you must ensure that any Content submitted
in relation to your trading activities with other Users or Commercial Organisations
(Feedback) complies with Clause 7.3 below. Any Content or opinions expressed
are solely the responsibility of the User and the Club cannot in any way be
held responsible for the accuracy or consequence of hosting such information,
in accordance with Clause 13.
7.2 You acknowledge that the Club reserves the
right to monitor any and all communications made to us or using our System.
7.3 In order to use the Website (or any part
thereof) and any other communication facility that may be added in the future
or to submit Content, you may be required to submit certain personal details.
By continuing to use this Web Site you represent and warrant that:
7.3.1 any information you submit is accurate and
truthful; and
7.3.2 you will keep this information accurate and
up-to-date.
7.4 By submitting Content you warrant and
represent that you are the author of such Content or that you have acquired all
of the appropriate rights and / or permissions to use the Content in this
fashion. Further, you waive all moral rights in the Content to be named as its
author and grant the Club a licence to modify the Content as necessary for its
inclusion on the Web Site. the Club accepts no responsibility or liability for
any infringement of third party rights by such Content.
7.5 Unless a User informs the Club otherwise, in
advance of posting, in writing, and the Club agrees to any terms or
restrictions, all Content submitted is for publication on the Website and other
such uses as the Club may deem appropriate under a royalty-free, perpetual
basis.
7.6 the Club will not be liable in any way or
under any circumstances for any loss or damage that you may incur as a result
of such Content, nor for any errors or omissions in the Content. Use of and
reliance upon such Content is entirely at your own risk.
7.7 Content submitted by Users is not screened by
the Club prior to appearing online. We retain the right to exercise our sole
discretion to remove or relocate any Content as we deem appropriate without the
consent of the author. We shall be under no obligation to exercise such
discretion. If you wish to enquire as to the removal of Content, please submit
your query to Committee via PM (Private Message). This does not constitute an
undertaking to explain our actions.
8. The Committee
The Committee may appoint other Users as required
from time to time to act as Moderators, Administrators or in other capacities
to assist with the running of the Club. Whilst such Users have responsibilities
within the Club all Limitation of Liability and Disclaimers apply equally to
such Users.
The Committee and any other appointed assistance
are deemed to be Users as any other. Any communication or Content from them is
deemed to be that of a User unless it specifically states that it has Committee
or other official status.
9. Commercial Activities
The Club may from time to time invite certain
organisations to become a Commercial Affiliate upon payment of an appropriate
fee or otherwise promote their commercial activities on the Web Site. Any
person or Company wishing to act in a Commercial capacity must obtain written
authority from the Committee before making any post promoting or running their
commercial activity.
By allowing such Commercial Activities the Club
makes no representation or warranty that the services or products supplied to a
User are fit for purpose and the User deals at his own risk. The User has no
claim (see Clause 12) against the Club or its committee as a result of the
introduction or in the event of the organisation failing to perform to
expectation.
10. Club Events
The Club or any of its Users may from time to time
organise events or group buys involving the participation of the Users in
activities outside of posting content on the Website. Participation in such
matters is entirely at the User's risk and all Disclaimers and Limitation of
Liability between the User and the Club remain in place.
11. Termination and Suspension
In the event that any of the provisions of
Sub-Clause 7.1, above, are not followed, the Club reserves the right to suspend
or terminate your access to the Service. Any Users banned in this way must not
attempt to use the Website under any other name or by using the access
credentials of another User, with or without the permission of that User.
12. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated
into these Terms and Conditions by this reference. To view the Privacy Policy,
please click on the link above.
13. Disclaimers
13.1 the Club makes no warranty or representation
that the Web Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Services.
13.2 No part of this Web Site is intended to
constitute advice and the Content of this Web Site should not be relied upon
when making any decisions or taking any action of any kind.
13.3 The information on this Web Site is not
designed with commercial purposes in mind. Commercial use of the Content of
this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions.
Any such use constitutes a breach of these Terms and Conditions and the Club
makes no representation or warranty that this Content is suitable for use in
commercial situations or that it constitutes accurate data and / or advice on
which business decisions can be based.
13.4 Whilst every effort has been made to ensure
that all descriptions of services available from the Club correspond to the
actual services available, the Club is not responsible for any variations from
these descriptions.
14. Availability of the Web Site
The Service is provided “as is” and on an “as
available” basis. We give no warranty that the Service will be free of defects
and / or faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
the Club accepts no liability for any disruption
or non-availability of the Web Site resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
15. Use of Club Name. The Club name, in
conjunction with the name and/or address of any member of the Club shall not be
given for any trade, advertising or business purposes or in connection with any
legal proceedings of that or any other member unless approved by the Committee.
However proof of club membership may be used for the purposes of commercial
discounts offered to Users.
16. Limitation of Liability
16.1 To the maximum extent permitted by law, the
Club accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any information
contained therein. Users should be aware that they use the Web Site and its
Content is at their own risk.
16.2 Nothing in these terms and conditions
excludes or restricts the Club’s liability for death or personal injury
resulting from any negligence or fraud on the part of the Club.
16.3 Whilst every effort has been made to ensure
that these terms and conditions adhere strictly with the relevant provisions of
the Unfair Contract Terms Act 1977, in the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to be
deemed severed from these terms and conditions and shall not affect the
validity and enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is illegal.
17. No Waiver
In the event that any party to these Terms and
Conditions fails to exercise any right or remedy contained herein, this shall
not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
In the event of any conflict between these Terms
and Conditions and any prior versions thereof, the provisions of these Terms
and Conditions shall prevail unless it is expressly stated otherwise.
19. Notices
All notices / communications shall be given to us
by PM (Private Message) to Committee through the forum. Such notice will be
deemed received the day of sending if the PM is received in full on a business
day and on the next business day if the PM is sent on a weekend or public
holiday.
20. Law and Jurisdiction
These terms and conditions and the relationship
between you and the Club shall be governed by and construed in accordance with
the Law of England and Wales and the Club and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.