“User” or “You” means anyone using and/or visiting the website for any purpose.
“Advertisers” means either any person or organisation advertising on the forum, subscribers including “Pay per click” users or any person or organisation who has entered into an advertising agreement with us.
“Upload” means taking part in any forum, any submission, in any format, of any data which subsequently appears and can be viewed on the forum.
“We” or “Us” means Drive Development Solutions Ltd a company registered in England and Wales, Company Registration Number 08395882 whose Registered Office is at 33 CedardalePark, Widnes, Cheshire, WA8 3JU. E-mail address is customerservice[at]drivedevelopment[dot]co[dot]uk.
“Website” means the website and all content at www.drivedevelopment.co.uk
(1) Your access to and use of www.drivedevelopment.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. By using the website you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by this user agreement incorporating our terms and conditions and everything they contain. If you do not accept these Terms and Conditions you must immediately stop using the Website.
(2) We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
(3) Where you are registering and/or using on behalf of an organisation the organisation specifically confirms that it takes full responsibility for all use, including use by any individuals within it.
(4) Please also refer to our terms and conditions which apply if we supply Services
2 WEBSITE AND SERVICES
(1) The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“services”) designed to enable you to communicate with others. The services form part of the Website. Unless stated otherwise the Services are for your personal and non-commercial use only.
(2) We shall not be responsible for any failure to provide the website or any services or any unavailability. The website is available on an “as is” and “when available” basis. We reserve the right to suspend the website where necessary
(3) We do not guarantee that availability of the website is uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect/problems which may occur in respect of viewing or using the website or any part of it nor in respect of any e-mail or document. We are not responsible for any loss or damage whatsoever caused resulting from the use or failure to supply the website.
3 USE & INTELLECTUAL PROPERTY
(1) Use of the website is subject to these terms and conditions and you agree that you will not use the website for any use which is unlawful and/or contrary to these Terms and Conditions
(2) Use of the website is at your own risk and by licence only and you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors
(3) You specifically acknowledge and agree that our website is made available for your use only. You may not, nor assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display, use, reproduce, distribute, modify, make derivative works of or create Internet “links” to the website without our express permission in writing including use of our name and any copyrighted or trademarks content.
(4) We do not claim ownership of any information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“content” ) you post, upload or submit to the Website. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as such content is displayed on the website. This licence will be terminated when such content is entirely deleted from the website.
(5) We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
(6) We have made every effort to ensure that anything displayed on our website are displayed as accurately as possible but can not be responsible for variations and please also refer to our general Terms & Conditions. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we can not guarantee this will be accurate.
(7) Recommendations, comments or any Website content should not be relied upon and do not constitute advice or counselling.
5 USER ACCOUNT, PASSWORD AND SECURITY
(1) Some services may requires you to complete a registration process by providing certain information and registering a username and password. You are solely responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account.
(2) You may not use another person’s account at any time, without the express permission of the account holder
(3) You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
(4) In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
6 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. If we have a link to another website this does not mean we endorse that website and you acknowledge and agree that we are in no way responsible for any other website nor the content displayed on it.
7 FORUM USE
(1) Our forum is a business environment suitable for professionals and full use of this forum may only be for registered users who are logged in.
(2) The forum is only a venue. We take no responsibility for and we do not check, validate, amend, edit or endorse any opinions, statements, recommendations or any other data or information provided by other users or advertisers nor any links or other information which is made available through the forum. You may find other users’ or advertisers’ information to be inaccurate, deceptive, etc. You must take this up with the user or advertiser involved.
(3) If you click on any links you may be forwarded to other internet sites and addresses and websites relating to other third parties. We have no control or responsibility over the third parties or any such internet sites, addresses and websites.
(4) To the extent that the law allows, without limitation, all implied warranties, conditions or other terms are excluded. You hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of specific opinion, statement, recommendation, information, referral or information or data shown on the forum.
8 UPLOADING AND ACCEPTABLE USE GENERALLY
(1) (a) You acknowledge that you are solely responsible for anything which you upload and that it will be accurate in fact and content. This specifically includes anything which you post onto any forum.
(b) You also confirm that you have the right to upload anything which you upload and/or provide to us and must be able to prove your rights and ownership to us if we require you to do so. You also agree that any content you upload or provide does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law. You acknowledge that all content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such content originated.
(c) You agree that anything which you upload onto the website can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by us and any other person(s) or organisation(s) without permission and that it is not subject to any copyright unless specifically marked as such by ©.
(2) In using the Website generally you specifically agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited communication or messages, commercial or otherwise; URLs are allowed providing the link is relevant, useful and necessary.
(ii) post, publish, distribute or disseminate material or information that is exploiting, cruel, malevolent, malicious, defamatory, libellous, disruptive, infringing, obscene, pornographic, indecent, threatening, abusive, harassing, misleading or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) invade, threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
(3) You agree that you will not use our services in any excessive or other way that could damage, disable, overburden or impair the websites or services or interfere with any other party’s use and enjoyment of the websites or services. Unless you have our written agreement otherwise, this includes, but is not limited to,
(a) making available or using any files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another
(b) participating in peer-to-peer/file sharing activities
(c) as a redirection facility or as a file back-up store
(d) collecting or storing personal information about others, including email addresses which does not comply with current, valid applicable Data Protection legislation
(e) using the server as an application server
(f) offering HTTP downloads from other than where the files are directly related to the subject matter of the site
(g) impersonating any person or entity for the purpose of misleading others;
(4) You agree that any content will not be anything which we, in our sole discretion, deem to be unacceptable, harmful, illegal or offensive, or may infringe intellectual rights or rights of other persons or which reflects unfavourably on our goodwill and reputation nor that of our websites, products and services nor that of any of our associates, advertisers or other users.
(5) As a service user you also agree to bring to our attention (by emailing us or by writing to us in accordance with clause 9 following) if you suspect that there may be any potential breach of this Acceptable Use Policy.
(6) We do not check, control or endorse the Content and cannot guarantee its accuracy, integrity or quality and you acknowledge that by using the website you may be exposed to content that you deem unacceptable. We will not be liable in any way for any content or for any loss or damage of any kind resulting from the use of any content on the Website and you agree to bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content.
(7) Whilst we are not obliged to monitor the Website or content we reserve the right to remove any content without notice and at our sole discretion.
9 QUERIES, COMPLAINTS, NOTICES AND NOTICE AND TAKE DOWN POLICY
(1) We aim to respond to any queries within 7 days.
(2) We operate on a “notice and takedown” basis. If you have any concerns, complaints or objections to any Website upload and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by e-mail at customerservice[at]drivedevelopment[dot]co[dot]uk. Once this procedure has been followed, we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
(3) Any other complaints must be addressed in writing to us at email@example.com
(4) If any complaint may amount to a breach by us then you must allow us 30 days to remedy that breach.
(5) Any Notices, including Notices at Clause 9(2) above, to which you have not received an acknowledgment within 7 working days, must be sent in writing to our Registered Office address using Royal Mail Special Delivery and will be deemed to have been received on the fourth working day after posting, provided that you have stamped verified proof of posting from Royal Mail.
10 CANCELLATION AND SUSPENSION
(1) We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
(2) Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice.
(3) Particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any of the Terms and Conditions.
(4) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, articles, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the Website, without giving reason and in our absolute discretion.
(5) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
(1) We cannot guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect the use nor will be held liable for such. Particularly, there are inherent problems in the use of the Internet that we will not be responsible for, nor for any crashes which may result in data loss or other problems whilst using our website. The Site is provided on an “as is” and “as available” basis.
(2) We make no warranty or guarantee whatsoever in respect of the website or its use.
(3) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to the website or its use.
You specifically agree to completely indemnify us and any subsidiaries, agents and employees against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and conditions or your use of the website including any content submitted, posted or transmitted through the website.
We have the right to terminate your access to the website at any time, without any liability whatsoever, without notice, for any reason whatsoever including, without limitation, breach of these Terms and Conditions.
Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of these Terms and Conditions.
15 GOVERNING LAW
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
16 NEWSLETTER COMPETITION
From time to time, Drive Development Solutions may offer a special newsletter competition to win a predetermined prize. This competition is open only to new subscribers. For clarification of this rule, please contact us. Winners will be announced via the blog and/or social networking channels.