Classic car magazine on-line | Terms of Use from Retro-Speed

ALL LEGAL INFORMATION

TERMS & CONDITIONS, COPYRIGHT & DATA PROTECTION

SUBSCRIPTION AGREEMENT

Please read these terms carefully as it governs your use of our on-line services (your "Subscription”) and limits our liability to you. By clicking on the "I accept” tick box at the end of this screen and accessing the Web Site at www.retro-speed.co.uk you are forming a contract and agreeing to the terms that appear below. References to "you” and "your” are to you as an individual. If you have any questions, please email us at admin@retro-speed.co.uk.

THE TERMS

1. Definitions and Interpretation
"Application for Subscription” means the application for Subscription to the Retro-Speed classic on-line car magazine when made in the approved or prescribed form and including all the information provided therein;
"Content” means all writing, images, photographs, text, designs, symbols or information in whatever format including computer files capable of reproducing moving images or capable of reproducing sound which is accessible on the Web Site;
"Contributor” means any person or organisation that has forwarded Work of any description which they wish to be published or made available as Content through the Web Site;
"Correspondence” any document in Writing which is created or submitted to the Company which is intended only to appear on any pages of the Web Site entitled ‘Chat Room’, ‘Bulletin Board’, ‘Forum’, ‘Letter’ or ‘blog’;
"Data” means any Personal Data as defined by the Data Protection Act 1998;
"Email” means an electronic message automatically passed from one computer user to another, through computer networks and / or by means of transmission over telephone lines or telephony networks;
"Personal Information” means any Data and / or other information of any nature which is contained in any Application for Subscription or is made available by any Subscriber or Contributor to the Company;
"Permission” means an authority to disclose Data;
"Prohibitions” means those obligations and restrictions which are set out at 4.1 below;
"Service” means the making available of the Retro-Speed classic on-line car magazine by means of the Web Site appearing on the domain name www.retro-speed.co.uk and including the use of any ‘Chat Room’, ‘Bulletin Board’, ‘Forum’, ‘Letter’ or ‘blog’ through or accessible from that domain name;
"Subscriber” means a person who has been accepted by the Company to become a subscriber to the Retro-Speed classic on-line car magazine and the term "Subscription” shall be construed accordingly;
"Web Site” means all those internet pages available through the URL domain name www.retro-speed.co.uk;
"Work” means any literary work, including documents in Writing, any images, designs, logos, photograph or any sounds or video or moving images stored or contained in any media but Work shall not include any Correspondence;
"Writing” means a tangible written or printed document.
2. Your Subscription
2.1 The Web Site and the Service provided by means of the Web Site is provided by Retroscript Limited, a Company registered in England under company number 6045565, whose registered office is at 2 Hughes Close, Harvington, Evesham, Worcestershire WR11 8NZ (the "Company”, "we” or "us”). Acceptance of your Application for Subscription will be at the discretion of the Company who may refuse any such Application without giving a reason for such refusal. Once accepted for Subscription and following payment of the required Subscription Fee, you will be sent details in order to gain access to the Service.
2.2 You acknowledge that you have provided us with accurate and complete information in your Application for Subscription and that it is your responsibility to update the Company with any changes to that information (including your email address) by emailing admin@retro-speed.co.uk.
2.3 Each Application for Subscription shall only be an application for a single individual, being that person whose details are included in the Application for Subscription. By sending to us the information contained in the Application for Subscription, you promise to the Company that you are the person identified in the Application and that your details are correct.
2.4 If accepted for Subscription, you will be allocated a member number and your chosen password ("ID”). You are responsible for the security of your ID and for any use that is not authorised by you.
2.5 If you believe there has been any breach of security such as the improper disclosure, theft or unauthorised use of your ID, you must notify us immediately by emailing admin@retro-speed.co.uk. If we reasonably believe that your ID is being used in any way which is not permitted by this Agreement, we reserve the right to suspend access rights immediately on giving notice by email to you and to block access by means of your ID until the issue has been resolved.
2.6 We reserve the right, at our discretion, to make changes to any part of the Web Site and to the Service even if such changes do materially reduce the content or functionality of the Web Site.
2.7 Following our acceptance of your Application for Subscription, we will forward your ID to you. You may then access and use the Service.
2.8 As Subscription to Retro-Speed classic on-line car magazine is a service, you will only be able to cancel your Subscription where provided for in these terms if we have not already made those services available to you before you seek cancellation. The Service will have been made available to you on the sending to you of your ID.
3. Your use of material appearing on the Web Site
3.1 All material displayed on the Web Site belongs to the Company, Contributors, the Subscribers or other licensors. Subject to clause 3.2, you may:
3.1.1 retrieve and display the Content on a computer screen;
3.1.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).
3.2 Some of the Content may consist of Subscribers or Contributors Personal Information and may include material belonging to them (such as photographs, accompanying text, etc.). You are only authorised to receive or view such Personal Information if we have received that person’s authority to do so and you are a Subscriber who is not in breach of any of the terms of your Subscription. If Personal Information appears on the Web Site you may infer that we have received authority for you to receive or view that Personal information.
3.3 Most of the Content of the Web Site (not being Personal Information) is owned by the Company but certain content is used under licence from third parties ("Third Party Content”) and will be the intellectual property of those third parties. Some of the Third Party Content will be subject to additional restrictions and no rights may be implied over such Third Party Content by virtue only of it appearing on the Web Site.
3.4 You may not (without contacting us to obtain prior written permission):
3.4.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
3.4.2 remove the copyright or trade mark notice from any copies of the Content made under this agreement;
3.4.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
3.4.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
3.5 Copyright in any software that is made available for download on the Web Site ("Software”) belongs to the Company or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
4. Prohibitions and License of Work or Correspondence
4.1 The Prohibitions
You are responsible for ensuring that any Work or Correspondence submitted to us whether or not intended for publication as Content:
A does not infringe the intellectual property or other rights of any person or body corporate and is not capable of such infringement;
B does not contain anything which may amount to a criminal offence, or which is in breach of any contract or is capable of giving rise to an action in tort by any party;
C is not offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, untrue or which may mislead any person;
D does not bring the Company into disrepute, and is not likely or capable of bringing the Company into disrepute.
You may not without our agreement in Writing:
E Include a telephone number, fax number, address and / or email address or any domain name or URL in your Subscriber’s Personal Information nor any other information which is intended to enable other Subscribers to contact you directly;
F by any use of your rights as a Subscriber, advertise or promote the business of any company or body corporate nor may you solicit or encourage the advertisement or promotion of the business of any company or body corporate;
G give any information about your employment or status, political opinions or religious beliefs other than in strict compliance with the requirements contained in the Application for Subscription;
H send post or otherwise make available or attempt to do so, any material to any other Subscriber or for publication on or through the Web Site any information which is in our opinion sexually explicit, discriminatory on grounds of age, sex, race or religion, indecent, abusive, offensive, harmful, threatening, inflammatory, sexually suggestive, defamatory, obscene or likely to cause fear or alarm to the viewer of any such material;
I send post or otherwise make available or attempt to do so, to any other Subscriber or with the intention of publishing it to any other person on or through the Web Site, any junk mail, spam, computer viruses, chain letters, pyramid schemes or any similar scheme, whether the scheme be unlawful or not, nor may you use any of the rights of a Subscriber to collect or retrieve information on any such schemes.
4.2 You acknowledge and agree that we may decide not to publish any Work or Correspondence which appears to us to be in breach of any of the Prohibitions. You further agree that, where we do exercise a power under this clause 4.2, we can terminate your Subscription and, whether your Subscription is terminated or not, the Company shall not be liable to you for any loss or damage howsoever caused.
4.3 Unless we have so agreed to the contrary and confirmed as such by email, this Agreement shall not operate to transfer ownership of your Work to us nor shall we claim any rights of ownership over any alterations to the Work or Correspondence made under clause 4.3.3, but you irrevocably grant to the Company a licence in the following terms:
4.3.1 that we may act solely and exclusively in publishing your Work and any Correspondence on our Web Site;
4.3.2 you give us an unrestricted right to copy, reproduce (in any format) or transfer from one format to another, the Work or Correspondence for the purposes of publishing the Work or Correspondence on the Web Site but not otherwise;
4.3.3 that we may alter the Work or Correspondence (whether by deletion, amendment, addition or any other method) if in our opinion it may breach any of the Prohibitions but the right to make such alteration shall be limited to right to alter for that purpose only;
4.3.4 that we may publish the Work (or the Work as it may have been amended) on the Web Site in the manner described in this Agreement for a period of not less than 1 year, whether or not this Agreement continues to subsist.
4.4 When exercising our discretion under 4.2 above, we shall be under no obligation to you to provide any information to you or to make known to you by any means that we have exercised such discretion but we will use our best endeavours to return any of your property to you and to delete all Data or other information that you have made available to us. We shall, if requested in Writing certify what steps are taken concerning the return or destruction of your Data.
4.5 You agree to indemnify and hold the Company, its officers, agents, and employees, harmless from any claim for loss or damages, howsoever occasioned or arising, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or from any breach by you of this Agreement.
4.6 Following any refusal to publish any Work (whether under clause 4.2 above or clause 7.2 below), or if we have breached any term of this Agreement respecting use of your Work, or on the expiry of 1 year from the date from which we were allowed to publish the Work, you may terminate our licence by sending to us 1 month’s notice in Writing following which we shall return to you any of the Work that was sent to us in a non electronic format. Any other Work will be deleted or may be retained if we have made a payment for the Work under clause 7.1 below.
5. The Company’s Promises and Limitations on its Liability
5.1 We shall, subject to the terms of this Agreement, use all reasonable skill and care in making the Service available to you and in ensuring its availability during the continuation of this Agreement.
5.2 The manner in which the Service is provided may change from time to time and we reserve the right to change the Service with or without notice to you.
5.3 We do not warrant or guarantee in any way the continued or proper functioning of the Web Site and in any event we shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond our reasonable control and which prevents the Company from performing its obligations to you as a Subscriber or to the Subscribers generally.
5.4 Further to the foregoing, our liability, whether under this Agreement, or arising from negligence of the Company, its agents or employees, or otherwise, shall be excluded or limited as follows:
5.4.1 the Company shall not be liable for the disclosure of any Subscriber’s Personal Information where there has been a Permission for the release of Subscriber’s Personal Information by use of that Subscriber’s ID or for release of any such material that took place under a Permission but before the Company received a withdrawal of that Permission, whether in a notice of cancellation of the Subscription or otherwise;
5.4.2 for any other liability, the aggregate liability arising from any single event or series of connected events shall be the total of the Subscription already paid under this Agreement (if any) in the three months prior to the event, and shall not be liable for economic loss, loss of business, or loss of Data or for any indirect or consequential losses.
5.4.3 nothing in this Agreement shall be construed as limiting or excluding any liability arising from death or personal injury to persons caused by negligence, or for fraudulent misrepresentation, upon which liability there shall be no limit.
5.5 Because of the number of sources from which the Company obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and we do not give any other warranties in respect of the Content. In particular, we cannot and do not warrant:
5.5.1 the accuracy of any information in the Content;
5.5.2 that the Web Site is free from infection by viruses or anything else that has contaminating or destructive properties.
5.6 All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
5.7 We will control the behaviour of the Subscribers or Contributors to the Retro-Speed classic on-line car magazine to the extent that it is reasonable to do so in all the circumstances but we will not be liable for the behaviour of any Subscriber towards you unless personal injury or death was caused by the negligence of the Company.
5.8 The Web Site contains links to other web sites, adverts and resources, either directly or through frames and links allowing material from other web sites to be displayed or otherwise operate within the Web Site such as RSS links. Where possible, we will make clear where such links are being made but Independent third parties provide these other sites or adverts and we are not responsible and shall not be liable for the availability or content of these other resources.
5.9 You should independently verify any information before relying upon it.
5.10 Any views expressed in messages on the Web Site are not necessarily those of Retroscript Limited or anyone connected with it.
6. Subscribers Data and Correspondence
6.1 We undertake that we shall only process any Data to the extent necessary for the proper performance of the Service or as confirmed in Writing by you.
6.2 We shall take appropriate technical and organisational measures against:
6.2.1 unauthorised or unlawful processing of any Data contained in your Personal Information; and
6.2.2 accidental loss or destruction of, or damage to, such Data,
so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to:
(a) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage in relation to the Data; and
(b) the nature of the Data to be protected.
We shall not process the Data nor allow any third party to process the Data for any other purpose.
6.3 By submitting the Application for Subscription, you expressly authorise us to publish as Content any Data contained in any Correspondence that you send or make available to the Company.
6.4 You agree that at any time, should you require the production of Data under the Data Protection Act 1998, it will not be reasonable for the Company to produce Data which may be contained in Correspondence which has been submitted by means of your Subscriber’s ID.
6.5 By this Agreement you authorise the Company to destroy any and all of your Data and any Correspondence on termination of this Agreement for any reason.
7. Publication
7.1 From time to time, we may agree to make payment to a Contributor for any Work. Should such an arrangement be agreed with you, no payment shall become due and owing to you until:
7.1.1 the Work is delivered in a condition and format acceptable to us;
7.1.2 the expiry of 30 days from the date upon which the Work first appeared as Content.
7.2 We shall be under no obligation to publish the Work.
7.3 We undertake to show you (as the Contributor) any amendments to the Work which we, in our sole discretion, consider necessary before publication as Content and to identify the Contributor as author of the Work unless required otherwise in Writing by the Contributor.
7.4 We shall (except as otherwise expressly provided in this Agreement) have within our discretion the entire control of the publication, promotion and sale of the Work including (but not limited to) all decisions concerning the publication of the Work as Content but not otherwise.
8. Contributor’s Warranties and Indemnity
Under this Agreement, each Contributor warrants to the Company that:
8.1 the Contributor (or joint Contributors where that is the case) is the sole owner of the Work and has full power to enter into this agreement and to give the warranties and indemnity contained in this agreement;
8.2 the Contributor was at all material times during the writing of the Work a "qualifying person” within the meaning of the Copyright, Designs and Patents Act 1988, section 154 and is the sole author of the Work which is original to him and has not previously been published anywhere;
8.3 the Work contains nothing which is obscene, blasphemous, libellous or otherwise unlawful and the exploitation of the Work by the Company will not infringe the copyright or any other rights of any third party;
8.4 all statements in the Work purporting to be facts are true and any recipe, formula or instruction contained in it will not, if followed accurately, cause any injury, illness or damage to the user;
8.5 the Contributor will keep the Company fully indemnified against all losses and all actions claims, proceedings, costs and damages (including any damages or compensation paid by the Company on the advice of its legal advisers to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any of the above warranties or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.
9. Subscription Fee
9.1 In consideration of the provision of the Service your Subscription Fee is payable annually in advance and thereafter on or before the last day of the calendar month which is the (twelfth) clear month next following the month in which the first Subscription Fee was paid. Payment shall be by such method of payment as we may reasonably request.
9.2 We will send you by email details of your Subscription Fee payable for the subsequent period at least four weeks before the expiry of your current Subscription Fee. Your Subscription will continue only if you make the required payment of the Subscription Fee on or before the date upon which your existing Subscription expires. If you fail to pay the Subscription Fee for any subsequent 12-month period when due, we may suspend your access to the Service until your Subscription Fee is paid.
10. Privacy Policy
The information that you provide about yourself to us will only be used in accordance with our Privacy Policy. Please read the Privacy Policy carefully and if you have any questions please email admin@retro-speed.co.uk.
11. Notices
11.1 All notices shall be given to us via email at admin@retro-speed.co.uk or by post at 2 Hughes Close, Harvington, Evesham, Worcestershire WR11 8NZ; or to you at the email address you provide on your Application for Subscription.
11.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
12. Term and Termination
12.1 We shall be under no obligation to provide the Service until the Subscription Fee has been paid and the Service shall continue only until the expiry of the period for which payment in advance has been made. Should any Subscription Fee remain unpaid for more than 7 days from the date upon which payment is due, we may immediately terminate this Agreement without liability to you.
12.2 If we reasonably believe you are in breach of any of the Prohibitions or any rules as may appear from time to time on the Web Site regarding use of the Web Site or regarding the nature, use or submission of any Correspondence, we may suspend your Subscription and prevent you from having access to the Service at any time for a period that may continue until the following Subscription payment falls due.
12.3 If you breach this Agreement, we may end this Agreement by a notice sent to you by email to be effective immediately and may terminate your Subscription straightaway and all rights and privileges will be withdrawn and cease on that termination. No refund of any Subscription Fee shall be payable and we reserve the right to claim any loss or damages which may result to us from your breach of this Agreement.
13. General
13.1 We may transfer and / or assign the rights and / or obligations of the Company under this Agreement. This will not affect your rights. However, you may not transfer any of your rights or obligations under this Agreement.
13.2 Nothing in this Agreement shall operate to confer rights on any other person.
13.3 This Agreement, together with the Privacy Policy represents the entire terms agreed between you and the Company in relation to your Subscription, your Work or any Correspondence and may be amended only by our agreement confirmed by email.
13.4 This Agreement shall be governed by English law.
13.5 We will try to solve any disagreements quickly and efficiently. If you wish to take legal proceedings in relation to this Agreement you must do so subject to the laws of England & Wales and the Courts of England & Wales shall have exclusive jurisdiction over any matters arising from the making of this Agreement.

COPYRIGHT

All Rights Reserved
• The material on this site is protected by copyright and/or database right throughout the world and is owned by Retroscript Limited or its licensors.
• You may read, print and download it for private use.
• You may not commercialise or otherwise copy it without our permission.
• Use of this Web Site is subject to our Terms and Conditions and the Rules for Correspondence as may be varied from time to time.
• See also our Disclaimer/Warning and Privacy Policy.

1. Trade Marks
‘Retro-Speed‘ is a trade name of Retroscript Limited
‘Retro-Results’ is a trade name of Retroscript Limited
‘Retro-Script’ is a trade name of Retroscript Limited

Retro-Speed Logo is a trade mark of Retroscript Limited

2. Further Information
For copyright and trade mark enquiries contact:

Retroscript Limited
2 Hughes Close
Harvington
Evesham
Worcestershire
WR11 8NZ

Email: admin@retro-speed.co.uk