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TheWorldMotorsportMarketplace.com is owned and operated by The World Motorsport Marketplace Limited ("TWMM"), a limited company registered in England and Wales with number 05109746. TWMM's registered office address is c/o Blake Lapthorn Linnell, Seacourt Tower, West Way, Botley, Oxford, OX2 0FB, United Kingdom.
1 USE OF THE SITE
These terms and conditions of use (including the TWMM's Privacy Policy) constitute an agreement between you (the site user) and TWMM regarding your access to information, services, products and materials presented on TWMM's website (“the Site”). By accessing this Site you agree to be legally bound by these terms and conditions of use as may be modified and posted from time to time (“Agreement”).
2 SUBSCRIPTION AND CLASSIFIED ADVERTISING FEE ARRANGEMENTS
The Site includes certain services and materials presented on and available through the advertising facilities, directories, shop windows, home pages and newsstand on the Site (the "Services"). The Services are available for commercial use by logging in and creating an account.
3 TERMINATION
TWMM may in its sole discretion and at any time discontinue providing the Site, or any part of it, or your access to it, with or without notice to you. You also agree that TWMM will not be liable to you or anyone else if it terminates your access to the Site.
4 LINKS AND POSTED MATERIAL
4.1 This Site contains links to other web sites. These are provided by TWMM in good faith and for information only. TWMM is not responsible for the materials contained in any web site linked to/from this Site or the availability or content of those sites or resources. TWMM will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use of or reliance on any content, goods or services available via linked sites or resources.
4.2 Certain elements of this Site will contain material which is provided by other users (“Users”). Material provided by Users does not necessarily reflect the views of TWMM, and TWMM accepts no responsibility for the content or accuracy of such material nor for any consequences that may arise from your acting on any material provided by Users.
4.3 By providing materials to this Site, you confirm that you have all necessary rights in those materials and that those materials will not infringe any personal or proprietary rights of any third parties. You also confirm that those materials are not defamatory, discriminatory, unlawful, threatening, obscene or otherwise objectionable.
4.4 TWMM will not be liable in any way for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials originating from you or from a third party, including, but not limited to, any errors or omissions in any content. TWMM will not be liable for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
4.5 TWMM reserves the right, at its sole discretion, to review, edit or delete any material provided by you or a third party which it deems defamatory,
discriminatory, unlawful, threatening, obscene or otherwise objectionable.
4.6 All homepage, shop window, banner ad and advertising text must be in English.
5 INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
http://www.twmm.com/ and TWMM's logo are trade marks of The World Motorsport Marketplace Ltd. (the “TWMM Marks”). You agree not to display or use the TWMM Marks in any way without TWMM’s prior permission.
6 INTELLECTUAL PROPERTY RIGHTS AND WEBSITE ACCESS
The Site contains material that is owned by or licensed to TWMM, including (but not limited to) the design, layout and graphics. These are protected by intellectual property laws including (without restriction) copyright, trade marks and database rights. You may view, use, print, download or store extracts from this Site for personal and research use only, as permitted by law. None of this material may be used for any other purpose (including re-distribution or re-publication to anyone else) in any form or medium without prior written permission from the relevant intellectual property rights owner, and you should approach TWMM in the first instance if you wish to make use of any material on the Site for any other purpose. Commercial use of the material is not permitted. No part of the material may be incorporated in any other work or publication, whether in hard copy or electronic or any other form.
7 DISCLAIMER AND LIABILITY
7.1 The information on this Site is provided "as is". TWMM makes no warranties or representations of any kind concerning the accuracy or suitability of the information for any purpose, and will not (to the greatest extent permissible by law) be liable for any loss or damage suffered by you or anyone else related to or arising out of your use of the Site or information contained in it. You agree that your use of this Site is at your sole risk.
7.2 TWMM cannot guarantee that availability of the Site and any services provided via the Site will be uninterrupted, error-free or that the Site or the server hosting the Site are free from viruses or other forms of harmful computer code.
8 NEWSSTAND DISCLAIMER
The Site contains extracts and articles from a number of magazines and in some cases provides links to these magazines on third party websites (the “Publications”). The content of the Publications are the creation and property of their author and or publisher. The World Motorsport Marketplace Limited (“TWMM”) has not reviewed the Publications and does not control and is not responsible for the content or availability of the Publications. TWMM therefore does not endorse or make any representations about the Publications, or the accuracy or suitability of any aspect of any material contained in the Publications. The contents of the Publications are not intended to amount to advice on which reliance should be placed and the Publications do not necessarily reflect the views of TWMM.
If you decide to access any of material contained in the Publications or follow a link to a Publication on a third party website, you do so entirely at your own risk. TWMM will not be liable directly or indirectly for any loss or damage suffered or alleged to be suffered by you or anyone else related to or arising out of your use of the information contained in the Publications.
9 APPLICABLE LAW
This Agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with it.
PRIVACY POLICY
The World Motorsport Marketplace ("TWMM") is committed to preserving the privacy of all visitors to TheWorldMotorsportMarketplace.com (the "Website"). Please read the following privacy policy to understand how we use and protect the information that you (as a visitor to and user of the website) provide to us.
By providing us with your personal details, you consent to the collection and use of any information you provide for the purposes and in accordance with the terms and conditions in this privacy policy.
We reserve the right to amend this privacy policy. If we do this, we will post a notice on the website to inform you and you will be deemed to have accepted those changes.
WHAT INFORMATION DOES TWMM COLLECT?
When you pay to be an advertiser on the website or to be included in the directory, you will be asked to provide certain information about yourself including your [name, contact details and credit card information]. We may also collect information about your usage of the Website (please see the section below entitled “cookies”, which sets out how we do this).
HOW DOES TWMM USE THIS INFORMATION?
Your information will enable us to provide you with access to all parts of our Website and to supply the services you have paid for. It will also enable us to contact you where necessary if (for instance) you have registered for an event or where we need to contact you in connection with an advertisement, directory, home page or shop window or banner advertisement entry that you wish to run on the Website. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.
We may also use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or to our services. We might also use your information to let you know about other products and services which we offer and which we believe may be of interest to you.
You agree that we may contact you for these purposes by using the contact details which you have provided to us, which (depending on the information which you provide to us) may involve us contacting you by post, telephone or fax, as well as by e-mail. If you change your mind about us contacting you in the future, please let us know. Our contact details are provided in the section entitled “Contacting Us”.
RIGHTS OF ACCESS AND CHANGES
You have the right (for a small fee) to request a copy of the information that we hold about you, and to have any inaccuracies in that information corrected. You can contact us to request this service using the details in the “Contacting Us” section.
If your personal details change, please help us to keep our records up to date by notifying us using the contact details in the “Contacting Us” section.
DISCLOSURE OF YOUR INFORMATION
The information you provide to TWMM will be held on our computers in the UK and will only be accessed by or given to our staff, service providers, associates and agents for the above purposes. Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your express consent. Finally, if TWMM enters into a joint venture with or is merged with another business entity, your information may be disclosed to TWMM's new business partners or owners.
COOKIES
Cookies are small pieces of information, “identifiers”, which are transferred and stored automatically to your computer's hard drive when you visit our Website. They enable TWMM to monitor Website traffic and to recognise you and provide additional features and facilities. You can disable cookies but, if you do so, this Website will not function fully. We use cookies to store a security token that remembers the details of your user name and password and enables you to access certain protected parts of the Website for which secure access is required quickly and smoothly. We will also use cookies to store and/or to track your preferences or use of the Website. If you want to prevent cookies being stored on your computer in the future, please refer to the instructions provided with your internet browser, by clicking the “help” menu. Do please bear in mind that if you disable or delete our cookies, you may not be able to access certain areas of our Website. Further information on cookies is available at http://www.aboutcookies.org/.
SECURITY
TWMM is committed to ensuring that the information you send us is secure and we take all reasonable steps to protect the information you supply to us against unlawful processing, accidental loss, destruction and damage. You should protect against unauthorised access to your password and to your computer. It is important to sign off when you finish using a shared computer. We will retain your information for a reasonable period only, or, where a retention period is specified by law, for as long as the law requires.
QUESTIONS ABOUT OUR PRIVACY POLICY
If you have any questions about our privacy policy, please contact us.
ADVERTISING FACILITIES AGREEMENT
This Advertising Facilities Agreement (“AFA”) sets out the terms and conditions between you and The World Motorsport Marketplace Limited (“TWMM”) in relation to the provision of advertising facilities by way of TWMM’s website (“the Site”). By using such facilities you agree to be legally bound by these terms and conditions as may be modified and posted from time to time.
a) Eligibility
If you are an individual (as opposed to a company or other business entity) using the advertising or promotional services of the Site (“the Services”) you must be aged 18 years or over. By registering for and using the Services you warrant that you are aged 18 years or over. If you register and use the Services as a business entity you warrant that you have the authority to bind that business entity to the terms of this AFA.
b) Password security
Access to the Services for subscribers and advertisers is by way of a user ID and password which you must keep safe and must not disclose to any other person. You must notify TWMM immediately you suspect that any other person has access to either your user ID or password.
c) Items, Information, Services or Vehicles for sale
You must not offer for sale or otherwise use the Services in connection with the sale or supply of any information, items, services or vehicles that do not relate to participation in motorsport or attendance at motorsport events.
To protect our customers and visitors it is our policy to check all advertising copy before we publish it on-line, to ensure the content meets with our advertising standards policy. We will do this within 10 working days of submission, and will email advertisers to advise them when their advertisement has gone live. Should there be any issue with an advertisement that has been submitted for approval, we will email you asking you to revise and resubmit it.
d) Claims against buyers
TWMM cannot, and does not purport to, confirm the identity of any buyer or other person with whom you may come into contact by way of the Services and/or the Site. It is your responsibility to take such steps as you deem reasonable and necessary to confirm the identity of any other person with whom you deal by way of the Services and/or the Site and to confirm their creditworthiness/financial standing.
If you have any right, claim or action against any other person arising out of or in connection with using the Services and/or the Site you undertake to pursue such right, claim and/or action independently of and without recourse to TWMM and you hereby waive any right, claim or action you may have against TWMM of whatever nature arising out of or in connection with a third party’s use of the Services and/or the Site.
e) Sale of goods and supply of Services
When you list goods and/or services for sale and/or supply on the Site you warrant that you have full legal title and right to sell such goods and supply such services and that it is lawful for you to sell such goods and/or supply such services in any relevant jurisdiction.
You warrant that you will at all times ensure that any description of any goods and/or services placed on the Site is accurate, complete and in all respects complies with all relevant laws.
f) Cancellation
You acknowledge that once you have clicked the “make payment” button in connection with any of the Services you cannot thereafter cancel the provision of such Services whether under the Consumer Protection (Distance Selling) Regulations 2000 or under any other applicable laws.
g) Suspension of services
TWMM has the right at all times to suspend the provision of any and all Services to you where TWMM suspects any breach of this AFA and/or any fraudulent, misleading or unlawful activities of any kind. You should note that TWMM reserves the right to suspend Services upon receiving allegations from third parties without first taking steps to confirm the truth or accuracy of any such allegations.
h) Fees
TWMM’s current fee rates are set out on the Site. Subject to conditions and for limited duration TWMM reserves the right to offer special discounts, promotions and complementary listings. TWMM reserves the right to extend the promotional period or withdraw the promotional or complementary offer early. Fees are payable by credit card transactions only and must be in the currency specified. The fees include value added tax where applicable at the current rate. You are responsible for paying all fees associated with the Services together with all applicable taxes. We issue invoices by e-mail only.
i) Use of services
You must not use the Services and/or the Site for any purpose that is unlawful or breaches any applicable laws including (without limitation):-
• To send, receive, upload, download, use or re-use any information or material which is offensive, obscene, discriminatory, defamatory, abusive, menacing or in breach of any other person’s rights (including intellectual property rights and rights of confidence);
• To cause inconvenience, annoyance or needless anxiety or fear;
Other than in accordance with any acceptable use policy that TWMM may post at any time and from time to time.
j) E-mail policy
The e-mail addresses of any other person who uses the Services and/or the Site will not be disclosed to you, and in order to contact any such other person you must use the e-mail facilities contained on the Site. You must not use this facility to “spam” or otherwise send unsolicited commercial communications to any person. If you come into possession of any other such person’s e-mail address you must use this solely in connection with the Site, the Services or as otherwise expressly permitted by that other person.
k) Breach of this AFA
Without prejudice to any other remedies which TWMM may have, if you breach any of the terms of this AFA TWMM may limit your use of the Services and/or the Site, suspend such use for such period as TWMM may see fit, or terminate your use of the Services and/or the Site with immediate effect. In the case of such limitation, suspension or termination you shall not be entitled to any refund of any fees.
l) No warranty of service
TWMM cannot guarantee and does not guarantee continuous, uninterrupted or secure access to the Site and/or any Services and these are provided to you on an “as is” basis as and when available. To the maximum extent permissible by law TWMM excludes all warranties, whether express or implied, other than those expressly contained in this AFA.
m) Liability
Nothing in this AFA shall limit or exclude any person’s liability for negligence causing death or personal injury or for fraud. Subject thereto TWMM shall not be liable, whether in contract, in tort or otherwise howsoever arising under or in connection with this AFA to you for any amount in excess of the fees paid by you in respect of the Services from which any such liability arises. In particular TWMM will not be liable for any loss of profits, loss of revenues, loss of business or loss of anticipated savings or any indirect or consequential loss.
n) Indemnity
You agree to indemnify and hold TWMM, its officers, directors, agents and employees, harmless from any liability made by any third party due to or arising out of or in connection with your breach of this AFA or your breach of any law or the rights of a third party.
o) Applicable law
This AFA shall be governed by English law and the English Courts shall have exclusive jurisdiction to settle any disputes arising out of or in connection with it.
p) Third party rights
Neither you nor TWMM intend that any third party has the right to enforce any term of this AFA whether under the Contracts Rights Third Parties Act 1999 or otherwise.
CONTACTING US
You can mail us at The World Motorsport Marketplace Limited, John Eccles House, Robert Robinson Avenue, Oxford Science Park, Oxford, OX4 4GP, United Kingdom. Send an e-mail via the Contact screen on the website, or call us on +44(0)1865 338021.
© The World Motorsport Marketplace Limited 2006.
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