MotorFilms Ltd Trading as Motorgraphs, Terms and Conditions of Website Use
1. We are MOTORFILMS, a Company registered in England under Registration Number 05733326, and our Registered Office is situated at WOOTTON FARM, PENCOMBE, BROMYARD, HEREFORD, UNITED KINGDOM, HR7 4RR (hereinafter referred to as "Motorgraphs" or "we" or "us" or "our").
2. We provide the content on this website (hereinafter referred to as "the Site"). All visitors to the Site (hereinafter referred to as "Site users" "you" or "your") are subject to the Terms set out in these Terms and Conditions of Website Use, the Privacy Policy and any other relevant Notices which may be applicable to a specific section of this Site.
3. By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. These Terms and Conditions constitute the sole agreement between you and Motorgraphs in relation to your use of the Site. With the exception of our terms and conditions that apply to all purchases of our products or services whether purchased from us whilst visiting this Site or through some other website or by telephone or mail order or in person at a sales outlet we, or others, operate, neither you nor MotorGraphs shall be bound by any term or express or implied representation, warranty or the like not contained herein. Unless otherwise specifically stated, and with the exception of our terms and conditions that apply to all purchases of our products or services whether purchased from us whilst visiting this Site or through some other website or by telephone or mail order or in person at a sales outlet we, or others, operate, these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and MotorGraphs in respect of your use of the Site.
4. Motorgraphs reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please revisit this page of the Site on a regular basis if you wish to learn of any changes. If you violate these Terms of Use, MotorGraphs may cancel any product or service you may have ordered from us and/or take appropriate legal action against you.
5. You agree that Motorgraphs are not liable for any losses or damage occasioned to you as a result of any amendment to the content of this website.
Disclaimers
6. Motorgraphs does not warrant that the Site will be free of errors or available at all times, nor that it will provide specific information or that any links or functionality will perform as may be claimed. The Site and its Content are delivered on an "as-is" basis.
7. Motorgraphs disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. MotorGraphs will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive or consequential damages.
8. Motorgraphs disclaims any and all liability for the acts, omissions and conduct of any third party in connection with the service or otherwise related to your use of the Site and/or any service provided by MotorGraphs. MotorGraphs is not responsible for the products, services, actions or failure to act of a third party that may be referred to on the Site.
9. Notwithstanding the above, nothing in these terms and conditions seeks to exclude any liability of Motorgraphs for death or personal injury caused by its negligence, fraud or other type of liability which cannot by law be excluded or limited.
Intellectual Property Rights
10. Save in respect of any marks, names, logos, service and trade marks owned by third parties, and which will be acknowledged as such on this Site, the content and software on this Site is the intellectual property of Motorgraphs and/or its providers and all marks, names, logos, service and trade marks displayed on the Site not owned by third parties are registered or unregistered trademarks of MotorGraphs and all rights in such, including those of third party owned marks, names, logos, service and trademarks, are protected by law. Use of this Site may, therefore, give rise to a claim for damages and/or be a criminal offence.
11. Nothing contained on the Site should be construed as granting any licence or right to use any marks, names,logos, service and trade marks or software or other content and, in particular, such may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the prior written permission of Motorgraphs or any third party owner of such rights.
Links To The Site
12. The Site may contain links to third party sites throughout the World Wide Web. External links are provided for your convenience, and no representation is made as to the accuracy or legality of their content. Motorgraphs does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise cause any form of damage to your computer. Use or reliance on any external links and the content thereon provided is at your own risk. By using the Site to link to another site, you agree and understand that you may not make any claim against MotorGraphs for any damages or losses, whatsoever, resulting from your use of the Site to link to a third party website.
Use Of The Site
13. You agree that you are only authorised to visit, view, save and store a copy of any pages of the Site for your own personal use such as to learn about our company and its products or services , and/or to make an offer to us to purchase form us any product or service we may have to sell.
14. Your use of any information or materials on this website is entirely at your own risk, for which Motorgraphs shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
15. You agree not to frame the Site, deep-link or hot-link to the Site for any purpose, unless specifically authorised by Motorgraphs to do so.
16. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
17. You agree that should you post or upload onto any area of the World Wide Web any review or comment as to our Site and its content or as to any product or service offered by Motorgraphs, that should we decide that such review or comment is inaccurate and/or unfair, that you will participate in any form of independent Alternative Dispute Resolution in relation to such review or comment that we request and will comply with any outcome or decision from that Alternative Dispute Resolution including withdrawal or posting of additional comment. Further you will compensate us for any loss or damage to our business and reputation as a results from any such review or comment that is held by an independent form of Alternative Dispute Resolution to be inaccurate and/ or unfair.
18. You agree that, in visiting and navigating around this website:-
a. you warrant that you are of eighteen year of age or above and will not act in any way that amounts to a breach of any law and will fully indemnify and hold us, affiliates, other partners, any of our officers, directors, employees, or agents harmless against all claims or demands or other consequences of any breach of this provision.
b. you will not upload onto any area of this website any images, graphics, text, hyperlinks, machine readable code or other content that amounts to a breach of the rights, including intellectual property rights, of others and/or which may breach reasonable standards of morality, decency and respect for the interests of others to be treated with civility, and/or which may breach the rights in law of others not to be defamed and/or which may breach any right in law whatsoever and shall hold harmless ourselves against all claims and demands that may relate in any way to such content.
c. you will not upload to, or transmit through, our Site any viruses, bots, trojans or other forms of malware or anything else that can disrupt the normal operating processes of this our website or of any equipment operated in connection therewith nor take any action that imposes an unreasonable or disproportionately large load on our server, and in particular not to upload any material which is defamatory, racist, sexist, offensive or of an obscene nature or similar or causative, or likely to cause, anxiety and upset to others or otherwise likely to cause a breach of the peace or otherwise may be in breach of any law of any country that has jurisdiction over the operation, and your use of, our website and, further, and you will keep us at all times fully indemnified against any loss or damage resulting from any such upload or risk.
d. we have full right to remove at any time, and without notice to you, any content uploaded by yourself to this website
e. should you access any part of this website by personal login, you accept full responsibility for all actions taken on the website under your user-name, whether or not you were the person who took such action.
f. there is no liability on us for loss or damage resulting, directly or indirectly, from your visit to (including agreeing not to seek to hold us responsible, or accountable, for any action or lack of action by yourself as a result of information or advice appearing on), this website ,or through access from this website, whether a website that is linked from this website, or any website that masquerades as our website or from data and information appearing through data sharing technologies, or from your use of less than the optimal encryption security, anti-virus or anti-spam protection or other similar procedures, including measures to protect your personal identity, in your browser or e-mail program, or otherwise the manner and procedures you adopt when browsing around the Web.
g. that, whilst we will use our best endeavours at all times to ensure the continuity of the availability of the website on the Internet, given that the potential for disruption of connectivity extends well beyond technology and events over which we have any control, covering possible actions by many varied organisations who contribute to the functionality and connectivity of the Internet as well as the status of your own software and websites, there will be no liability on us for any loss or damage resulting, directly or indirectly, from any disruption of access or failure or variation of intended functionality that occurs for whatever reason.
h. that we reserve the right at any time to suspend or cancel your use of, or access to, this website.
i. that you recognise that we own all intellectual property rights in the content on this website, and that you will not, either by yourself directly or by assisting or permitting others so to do, do anything that breaches in any way such intellectual property rights of ourselves and ,in particular, will not copy or reproduce any content or other element of this website or its code or use it, or any part of it, to create any content, document, website, image or graphic. In addition you will not create , or permit or assist others in creating, any hyperlink to any part of this website save to the home page nor take any action that directly or indirectly prevents, in whole or in part, access to, or reduces the enjoyment by yourself or others of, this website.
j. that when seeking to purchase any goods or services on this website, that you will not do so save on the basis that our Terms and Conditions of Sale are accepted by you as regulating any such purchase you make.
k. You warrant that any information or content provided by you on our Site, or otherwise to us, whether or not in connection with an order of any goods or services is truthful and accurate and the provision of such and your use of our website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods or services on, our website, or of the rights of any other individual, company or organisation, and that should any complaint be raised of defamation of any person, company or organisation or other breach of the rights of others or of a breach of any law or regulation, that you will fully indemnify, and keep fully indemnified, ourselves and any of our affiliates, other partners, any of our officers, directors, employees, or agents in respect of any direct, indirect, consequential, exemplary, incidental, special or punitive damages or losses (including legal costs by whomever incurred) as a result in any way of any breach by you of these Terms and Conditions. In particular you agree that we have the right to remove any content uploaded by you to our website for any reason whatsoever and without notice to yourself.
Limitation of Liability
19. You agree that neither Motorgraphs nor any of its officers, directors, employees, or agents shall in any circumstances, whether or not the potential for such damage has been notified to us, be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages or losses (including legal costs by whomever incurred).
Indemnity
20. You agree to indemnify and hold Motorgraphs, affiliates, other partners, any of our officers, directors, employees, or agents harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site or our service.
Assignment
21. Motorgraphs may assign to a third party all of its rights and obligations under these Terms and Conditions.
22. Motorgraphs,'s successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this agreement does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
Severability
23. If any section of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable or invalid, then such section shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remainder of Terms and Conditions.
Force Majeure
24. We shall not be under any liability to you or to any other party in any way whatsoever as a result of loss or damage of any nature arising out of matters beyond our reasonable control, including war, rebellion, civil commotion, strikes, lockouts or industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the unavailability of deliveries, supplies, or the requisitioning or other act or order by any government department, council or other constituted body.
Governing Law And Disputes
25. You and we agree that your use of this our website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England.
26. You agree that in the event of any dispute between us that you will, before issuing any proceedings in a court of law, agree to attempt to resolve same with us directly in the first instance and , if unsuccessful, through a form of Online Dispute Resolution and conducted by the service at www.modria.com and that you will make every effort to participate in order to reach a satisfactory resolution of the dispute with ourselves allowing for solutions that are proportionate and economic.
Effective – June 2013