1.2 Please read these User Terms Carefully.
They are a legal document and, by your continued use of the
Web Site, you agree to be bound by these User Terms. In particular,
you agree that you have read and understood the following
Clauses:
Ÿ Clause 5 - Your Responsibilities
Ÿ Clause 6 - Consent to use Your Personal Information
Ÿ Clause 7 - Limitation of Liability
1.3 If you do not agree with these User Terms
and do not wish to be bound by them, please exit this Web
Site and do not use the Web Site in the future.
1.4 The goods and services (‘Merchandise’)
which may be purchased by you from companies or individuals
other than vintageskiboats.com (‘Merchants‘)
via third party and/or third party web sites linked to this
Web Site are subject to separate terms and conditions between
you and the applicable Merchant. You acknowledge that the
applicable Merchant,
(and not vintageskiboats.com.) is solely responsible for
the fulfilment of orders for any Merchandise and for its quality,
suitability and fitness for purpose. You also acknowledge
that the selection of any Merchant or the purchase of any
item of Merchandise from the information available on the
Web Site or from the Merchant via the Merchant’s web
site or otherwise is solely your choice. Any disputes or questions
relating to the Merchandise shall be directed to the Merchant
in question and you acknowledge that vintageskiboats.com
shall have no responsibility, obligations or liability in
relation to the Merchandise.
1.5 You further acknowledge that vintageskiboats.com
is not responsible or liable directly or indirectly for any
change or loss whatsoever and howsoever arising or resulting
from your use of or reliance on any consent, material or goods
or services available through, on or from any Merchant or
Merchant’s web sites. It is important that you check
the privacy policy, terms and conditions of use and content
of any web site and/or Merchant’s information accessible
to you from vintageskiboats.com.
2. Licence to Use Material on Web Site
2.1 vintageskiboats.com grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all the material
on the Web Site (including but not limited to: documentation,
text, pictures and advertising material) (‘vintageskiboats.com
Material’) on the basis set out in Clause 2.2.
2.2 You are entitled to access and download
(for the purposes expressly permitted in the User Terms) and
store the vintageskiboats.com Material for your own personal,
non-commercial use provided that you do not:
Ÿ Remove any notices relating to the ownership of copyright
or other Intellectual Property Rights (as defined in Clause
3.1 below) in the vintageskiboats.com Material;
Ÿ Modify, translate, reverse engineer, reproduce, decompile,
disassemble or create derivative works of any of the vintageskiboats.com
Material;
Ÿ Rent, lease, sub-licence, loan, copy, give or transfer
any vintageskiboats.com Material or any rights in any form,
to any person or entity without the prior written consent
of vintageskiboats.com.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance
with Clause 2, vintageskiboats.com, or vintageskiboats.com
suppliers, subcontractors and agents
(collectively ‘vintageskiboats.com Contractors’)
(as applicable) shall retain all ownership, title and interest
in the intellectual property rights contained in the vintageskiboats.com
Material ( including but not limited to copyright, database
rights, trade marks, patents, service marks, design rights
(whether register able or otherwise) Know-how, trade or business
names, domain names, goodwill associated with any of the foregoing
and of similar rights or obligations whether register able
or not in any jurisdiction in the world (‘Intellectual
Property Rights’)).
3.2 You agree that any material ( including
any Intellectual Property Rights in such material ), including
but not limited to material sent via chat services, feedback,
bulletin boards or articles or any other material submitted
for publication on the Web Site or in using any of the Web
Site services (‘User Generated Content’) may be
retained as the property of vintageskiboats.com. vintageskiboats.com
shall have no obligations with regard to the User Generated
Content to monitor the User Generated Content to ensure that
it complies with the applicable laws or regulations. You remain
solely responsible for the User Generated Content in accordance
with Clause 5.
4. vintageskiboats.com Responsibilities
4.1 vintageskiboats.com undertakes to use commercially reasonable
endeavours to prevent breaches of security of the Web Site.
4.2 vintageskiboats.com makes no representation
or warranty that the Web Site or services offered via the
Web Site ( i.e. bulletin boards, chat (except any Merchandise
made available by Merchants via links to this Web Site, which
are subject to the separate Merchant terms and conditions
as mentioned in Clause 1.4)) (‘Web Site Services’)
will be accessible, or useable by you or error free.
4.3 vintageskiboats.com takes no liability
for any failure or interruption of the Web Site or any inability
to access or use the Web Site or any features, products or
services on the Web Site.
4.4 vintageskiboats.com reserves the right,
without notice to you, to remove any vintageskiboats.com
Material from the Web Site or to suspend or alter the operation
of the Web Site or any Web Site Services, at its sole discretion
or for legal or technical reasons.
vintageskiboats.com will give you as much notice as possible
prior to taking any of the actions described in this Clause,
but prior notice may not always be feasible for a variety
of reasons. When possible notice will be posted on the Web
Site.
5. Your Responsibilities
5.1 You agree that you will use this Web Site in a lawful
manner that is consistent with all applicable laws and regulations.
5.2 You agree that you are responsible for
the security and use of any user names or passwords needed
to access or use the Web Site or any Web Site Services. You
must take all reasonable steps to ensure that these user names
and passwords are kept confidential and secure and you do
not allow any unauthorised person to access the Web Site or
any of the Web Site Services using your user name or password.
You take full responsibility for all information and instructions
transmitted through the Web Site using your user name and/
or Password. All such information will be considered sent
and authorised by you.
5.3 you agree that you will not use the Web
Site or any of the Web Site Services as follows:
Ÿ To send, receive, upload, download, store, use, distribute
or publish any material that is offensive, abusive, indecent,
defamatory, obscene, or in breach of any other person’s
Intellectual Property Rights or breaches any obligation of
confidentiality by which you are bound;
Ÿ To send or distribute multiple unsolicited emails or
messages (‘Spam’) or to cause any other person
annoyance, inconvenience or worry;
Ÿ For any purposes connected to any business, including
sending any unsolicited advertisements or promotional material;
Ÿ To use or attempt to use any software, engine, or any
other means to navigate or search this Web Site other than
the navigation tools and search facilities available on this
Web Site and general third party browsers;
Ÿ To carry out any activities in relation to ‘screen
scraping’ or ‘database scraping’ to obtain
lists of users, URLs, Internet Keywords or other information;
Ÿ To access the Web Site by any means other than through
the interface that is provided by vintageskiboats.com for
use in accessing the Web Site;
Ÿ To use or transmit any material that contains software
viruses or any other computer code, file or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, including
but not limited to the Web Site;
Ÿ To do anything which imposes an unreasonable or disproportionately
large load on the Web Site’s infrastructure;
Ÿ To interfere with or disrupt the Web Site and/or Web
Site Services or servers or networks connected to the Web
Site or disobey any requirements, procedures, policies or
regulations of networks connected to the Web Site;
Ÿ To collect or store personal data about other users
of this Web Site whether or not for commercial purpose without
their consent. This means no posting of phone numbers, addresses
or any other private information without the express permission
of that individual. Processing of any personal data is regulated
by the Data Protection Act 1998 in the United Kingdom.
5.4 You agree to indemnify vintageskiboats.com
against any claims, costs, expenses or legal proceedings caused
as a result of your use of the Web Site or Web Site Services
in contravention of Clauses 5.1, 5.2, and 5.3, further in
these circumstances, vintageskiboats.com shall be entitled
to treat the contravention as a material breach of these User
Terms and terminate the User Terms and any permission granted
to you by vintageskiboats.com forthwith, without notice
to you.
6 Consent to Use Your Personal Information
6.1 For the purposes of the Data Protection Act 1998 (‘the
Act’), you acknowledge that in the course of registering
and using this Web Site and the Web Site Services, certain
personal information or data about you will be captured electronically
or otherwise and transmitted to vintageskiboats.com or vintageskiboats.com
contractors. By accepting these User Terms, you expressly
agree to transfer such personal information or data to vintageskiboats.com
or vintageskiboats.com contractors to use, store and process
the personal information for the purposes of providing the
services offered on this Web Site, or any other connected
vintageskiboats.com Web Sites.
6.2 For the purposes of the Act, you further
agree that vintageskiboats.com or an vintageskiboats.com
Contractor involved in the provision of the Web Site Services,
may send your personal data outside the European Economic
Area for processing.
6.3 You may revoke the consents given above
in Clauses 6.1 and 6.2 by giving notice to vintageskiboats.com,
but in those circumstances you must exit the Web Site and
will have no further rights to access the Web Site or use
the Web Site Services and you must delete and destroy any
of the vintageskiboats.com Material stored by you in electronic,
hard copy or any other form as soon as reasonably practicable.
7 Limitation of Liability
7.1 vintageskiboats.com shall not be liable to you in contract,
tort, negligence or otherwise for:
Ÿ Any economic loss, (including without limitation, loss
of revenue, business, contracts, profits or anticipated savings);
Ÿ Any loss of goodwill or reputation;
Ÿ Any loss of data;
Ÿ Any special, indirect or consequential loss.
7.4 The express terms of these User Terms
are in lieu of all warranties, conditions, undertakings, terms,
and obligations implied by statute, common law, usage, course
of dealing or otherwise, all of which are excluded to the
fullest extent permitted by law.
7.5 The Web Site may contain links to third
party web sites which are controlled and operated by parties
other that vintageskiboats.com. The links will let you leave
the Web Site and vintageskiboats.com is not responsible
for any contents of any linked site or any link contained
in a linked site. The inclusion of any link on the Web Site
dose not imply endorsement by vintageskiboats.com of the
linked site. If you decide to access linked third party web
sites, you do so at your own risk.
7.6 This Web Site is directed in the terms
of law solely at those who access the Web Site from the United
Kingdom. Those who choose to access this Web Site and the
Web Site Services from any other location are solely responsible
for compliance with local laws and regulations if, and to
the extent, that they are applicable.
7.7 These User Terms are governed by the laws
of England, and subject to the non-exclusive jurisdiction
of the English Courts.
7.8 The website uses pdf file format for downloadable documentation. The user must have or must download Adobe Acrobat Reader for them to be able to view uploaded documentation.