1. In
return for Classic Driver GmbH & Co KG, Classic Driver UK Ltd, and
Classic Driver France (collectively referred to as "Classic Driver") allowing
you access to the Classic Driver website, you accept the following terms
and conditions.
2. You acknowledge that all intellectual property rights including
copyright belong to, or have been licensed to, Classic Driver.
Any form of reproduction, in whole or in part, of text, photography, illustrations or sounds is generally not permitted, with the exception of any items which have been specifically marked with an express permission.
3. You are permitted to display extracts from Classic Driver on
your screen and print on paper one copy of such extracts solely for your
own personal non-commercial use. For this purpose alone you may copy the
extracts on to disk or other storage media provided that any such copies
may be used only to facilitate subsequent viewing by you or to print a
single copy of an extract on paper for personal use.
4. Except as permitted in clause 3 above you undertake not to copy,
store in any medium (including any other web site), distribute, transmit,
re-transmit, modify, or show in public any part of the website without
the prior written permission of Classic Driver, or in accordance with
the Copyright, Designs and Patents Act 1988.
Any form of reproduction, in whole or in part, of text, photography, illustrations or sounds is generally not permitted, with the exception of any items which have been specifically marked with an express permission.
5. Classic Driver is a trade mark of Classic Driver GmbH &
Co KG, Classic Driver UK Ltd, and Classic Driver France. You may not use
this mark without our express written permission.
6. Classic Driver exclude any warranty, express or implied, as
to the quality, accuracy, timeliness, completeness or fitness for a particular
purpose of the website. Classic Driver will not be liable for any claims,
penalties, losses, damages, costs or expenses arising from the use of
or inability to use the website or from any unauthorised access to or
alteration of the website. Classic Driver make no warranty that the contents
of the website are compatible with all computer systems and browsers.
7. You accept that after you leave our site (whether knowingly
or not) we can no longer be responsible in any way for any material that
you encounter and we exclude to the fullest extent permitted by law all
liability that may arise with respect to or as a result of such material
causing any damage, costs, injury or financial loss of any kind.
8. Permission to access the website is granted at the sole discretion
of Classic Driver and such permission may be withdrawn at any time without
notice.
9. We reserve the right to add to or change the terms of this agreement.
It is your responsibility to refer to and comply with these terms on accessing
the website. Failure to comply may lead to action being taken against
you.
10. Choice of law and Jurisdiction. These terms shall be governed
by and interpreted in accordance with English law and you irrevocably
agree that the courts of England and Wales shall (subject to the provision
below) have exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these terms. For our exclusive benefit,
we shall retain the right to bring proceedings as to the substance of
the matter in the courts of your country of residence or, where these
terms are entered into in the course of your trade or profession, the
country of your principal place of business.
11. We will only use your personal data collected through this
site in accordance with UK data protection legislation. See our Privacy Policy for further details.
12. By accessing this website you confirm that you are an individual
of at least 18 years of age, or, if under 18, that you are accessing the
Website with full parental/guardian consent. In making use of the Website
you agree to abide by any and all of the following terms and conditions
governing use of the Website ("Acceptable Use Policy"). No charge is made
by Classic Driver for your use of the Website, though you should be aware
that local telephone call charges at rates as publicised by your telephone
supplier may apply.
13. Acceptable Use Policy. You agree to abide by all applicable
laws, regulations and codes of conduct and ensure that any content uploaded
or distributed or stored by you does not infringe the rights of others.
All material on the Website and any material sent to you by e-mail or
any other form ("the content") belongs to us or our licensors. You may
retrieve and display content from the Website on a computer screen, print
individual pages on paper, photocopy and store such pages in electronic
form on disk (but not on any server or other storage device connected
to the network) for your personal, non-commercial use. We own the copyright
and all other intellectual property rights associated with the content
save where otherwise stated. Except as specifically stated in these terms,
you may not do any of the following without prior written permission from
us:
Reproduce, modify or in any way commercially exploit any of the content;
redistribute any of the content (including by using it as part of any
library, archive or similar service); remove the copyright or trade mark
notice(s) from any copies of content made in accordance with these terms;
create a database in electronic or structured manual form by systematically
downloading and storing all and any of the content. Requests to republish,
redistribute or syndicate content should be addressed to Classic Driver
Syndication at syndication@classicdriver.com.
You acknowledge that the website, Classic Driver is a trade mark and that
you may not use it without the written permission of Classic Driver GmbH
& Co KG, Classic Driver UK Ltd, and Classic Driver France, acting
either as owner of the trade mark or as agent on behalf of Classic Driver.
You agree not to: Impersonate another person or use a false name or a
name you are unauthorised to use or create a false identity or e-mail
address or try to mislead others as to the identity or origin of any communications;
Modify, access or make available data stored on a computer device that
you have accessed through our network, when either the owner of the data,
computer or device has taken steps to prevent you from doing this or the
owner has expressed a wish that you do not do this; Make available or
upload files that contain software or other material, data or information
not owned or licensed to you or collect information about others (eg names/addresses)
without their prior consent; Damage, interfere with or disrupt access
to the Website or do anything that may interrupt or impair their functionality;
Save as authorised in these terms, make any commercial or business use
of the Website or resell or commercially benefit from any part or aspect
of the Website; Publish, post, distribute, disseminate or otherwise transmit
defamatory, offensive, infringing, obscene, indecent or other unlawful
or objectionable material or information; Threaten, harass, stalk, abuse,
disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others; Make available, upload or distribute by any means
any material or files that contain any viruses, bugs, corrupt data, "trojan
horses", "worms" or any other harmful software; Falsify the true ownership
of software or other material or information contained in files made available
via the Website; Obtain or attempt to obtain unauthorised access, through
whatever means, to the Website, other services or computer systems or
areas of our or any of our partners' networks which are identified as
restricted; We retain the absolute right to prevent you accessing the
Website, without prejudice to any of our accrued rights, where we in our
sole discretion consider that you are contravening our Acceptable Use
Policy or any other aspect of these terms.
14. Registration. Where the Website requires that you register
in order to use it; you are obliged to provide accurate and complete registration
information. It is your responsibility to update and maintain any changes
to that information (including your e-mail address) by altering your details
as appropriate. Registration is for a single user only. On registration,
you should choose a user name and password. We do not allow any of the
following: Any other person sharing your user name and password; access
through a single user name and password being made available to multiple
users on a network. When you register to use the Website, you will be
obliged to click on an icon indicating that you have read, understood
and accepted these terms and conditions. You will not be allowed to register
unless you indicate your acceptance of these terms and any other terms
and conditions that may apply.
15. E-mail Policy We will not respond unless required to do so
by law to any electronic mail ("e-mail") which contains threatening, abusive,
malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate
material. We reserve the right to take such action as we in our sole discretion
deem fit in respect of such material. Unless you indicate to the contrary
all e-mails received will be taken to be submitted, where appropriate,
for publication, free of charge. If we decide to publish an e-mail from
you on the Website we will incur no liability to you by doing so, unless
you clearly state that the material contained in your e-mail has been
submitted for the purposes of negotiating a fee for the publication of
that material. In that event you must include your name, address and,
if applicable, a contact telephone number, in your e-mail. If you are
unsure of the correct destination for your e-mail please contact contact@classicdriver.com.
16. Liabilities. You agree that we have no control over third party
content and information which can be accessed using the Website and that
we do not examine or edit the use to which you or others put the Website
or the nature of the content or information being accessed and that we
are excluded from all liability of any kind arising from such content
or information. You agree that except for death or personal injury arising
through our negligence, we shall not be liable whatsoever for any loss
or damage arising from use of the Website. You furthermore agree to indemnify
us in the manner set out below in these terms in relation to your use
in any way of the Website. We reserve the right to remove any information/material
we deem to be in breach of any of these terms without notice, and without
prejudice to any other accrued rights, and/or to make available such information/material
when required to do so by law or when requested to do so by regulatory
bodies or law enforcement organisations. We take all such steps as are
reasonably necessary to provide a fast and reliable service, but exclude
to the fullest extent permitted by law any liability for the security
of the services on the Website or for any disruption of the Website however
caused, loss of or corruption of any material in transit, or loss of or
corruption of material when downloaded onto any computer systems. Save
unless otherwise stated, we make no warranty whatsoever as to any goods
or services purchased or obtained or offered to you through use of the
Website (including 'Cars for Sale'), whether accessed directly or otherwise.
We provide the Website on an "as is" basis and make no representations
or warranties of any kind as to the Website or the content. We make no
representations or warranties about the accuracy, completeness or suitability
for any purpose of the content published on the Website. Any liability,
however it occurs, for any such inaccuracies or errors is expressly excluded
to the fullest extent permitted by law.
17. Indemnity. You agree to indemnify and hold us and any of our
officers, employees and agents harmless from and against all and any expenses,
losses, liabilities, damages, costs or expenses of any character incurred
or suffered and any claims or legal proceedings which are brought or threatened,
in each case arising from your use of, or conduct on, the Website and/or
a breach of the Acceptable Use Policy and/or any of these terms.
18. Software and Security. We are not responsible for any technical
or other issues that may arise if you download software from external
third party website (eg Acrobat Reader) or upgrade your browser software
to enhance your usage of the Website.
19. Changes to these Terms and Conditions. We reserve the right
to make changes to any part of the Website. Due to our policy of updating
and improving the Website, it may therefore be necessary to change these
terms. In the event that we change the terms, we will notify you by providing
a clear link within the relevant Website to the detailed changes. If you
use the Website after we have published or notified you of the changes,
you will be agreeing to be bound by those changes. If you do not agree
to be bound by them, you should not use the Website.
20. Advertising and Sponsorship. The Website may contain advertising
and sponsorship. Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Website complies with applicable
laws, codes and regulations. We exclude to the fullest extent permitted
by law any responsibility for any error or inaccuracy appearing in any
advertising or sponsorship material. Please refer to our Privacy Policy for the use of cookies in relation to targeting
potential advertisers. We reserve the right to omit an advertisement.
21. Competitions and Prize Draws. We may from time to time run
competitions, free prize draws and/or other promotions on the Website.
These will be subject to additional terms and conditions that will be
made known to you at the relevant time.
22. Termination. We may terminate the provision of the Website
or restrict your access to them without any prior notice to you where
(by way of example and without limitation): (1) there is a regulatory
or statutory change limiting our ability to provide the Website; (2) any
event beyond our reasonable control prevents us from continuing to provide
the Website (for example, without limitation, technical difficulties,
capacity problems and communications failures); or (3) we consider in
our sole discretion that you are abusing the services provided by the
Website or are otherwise acting in breach of these terms.
As this is a shared service with other users, you agree that if the demand
for the services provided by the Website is in excess of our ability to
meet the capacity, we may either share the capacity among all users or
we may give you notice by e-mail that the provision of the Website will
terminate. Any such termination will not affect your accrued liabilities
incurred prior to any such termination.
23. Additional Services. From time to time we may provide games
or other content for your downloading. However, the download time may
vary considerably between the types of content and you agree that you
are wholly liable and responsible for any telephone call and/or other
charges incurred in downloading the same. However, we will use our best
endeavours to notify you of the size/amount of the file/data and the likely
download time for your information.
24. E-commerce. Your dealings with any third parties, in particular
advertisers and/or merchants, through the services provided by the Website
and any terms, conditions, warranties or representations with such third
parties are solely between you and such third party. You agree that we
are not liable for such dealings, and you agree to indemnify us in the
manner referred to above in these terms in relation to such dealings.
25. General. You may not assign, sub-license or otherwise transfer
any of your rights under these terms. If any part of these terms and conditions
is found to be invalid by any court having competent jurisdiction the
validity of the remaining terms will be unaffected. If either party does
not exercise any right or remedy under these terms, this will not be taken
to mean that they have been waived. |