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;
7.1.7 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.
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.
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.