These terms and conditions ("Terms", "Agreement") are an agreement between Site Operator ("Site Operator", "we", "us" or "our") and you ("User", "you" or "your"). This Agreement sets out the terms and conditions of use of the Top-gears.co.uk website and its products or services (collectively, "Website" or "Services").
Account and group members
If you create an account on the website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and all other actions taken in connection therewith. We may, but are under no obligation to, monitor and review new accounts before you may access and use our services. Providing false contact information of any kind may result in termination of your account. You must notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any acts or omissions on your part, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part of it) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the above reasons, you may not re-register for our services. We may block your email address and Internet protocol to prevent further registrations.
Links to other websites
In addition to other terms as set forth in the Agreement, you are prohibited from using the Site or its Content (a) for any unlawful purpose; (b) solicit others to perform or participate in any unlawful act; (c) violate any international, federal, provincial or state regulations, laws or ordinances; (d) violate or infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) present false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Service or any website, other websites, or the Internet; (h) to collect or monitor the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by Website Operator or any third party, and all right, title and interest in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our website or services are trademarks or registered trademarks of Site Operator or Site Operator's licensors. Other trademarks, service marks, graphics and logos used in connection with our website or services may be the trademarks of third parties. Your use of our website and services does not give you any right or licence to reproduce or otherwise use any third-party trademarks or trademarks of the website operator or website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Site Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for (a): Indirect, incidental, special, punitive, coverage or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised of the possibility of such damages or could have foreseen such damages. To the fullest extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services shall be limited to an amount greater than one dollar or any amount actually paid in cash by you to Website Operator for the period prior one month prior to the first occurrence or event giving rise to such liability. The limitations and exclusions shall apply even if this remedy does not fully compensate you for any loss or failure of its essential purpose.
You agree to indemnify and hold harmless the Website Operator and its affiliates, directors, officers, employees, and agents from and against any and all liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising out of any third-party allegations, claims, actions, disputes, or demands asserted against any of them arising out of or in connection with the content, use of the Website or Services, or any intentional misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and are enforceable and binding only to the extent that they do not violate applicable law and are intended to be limited to the extent necessary so as not to render this Agreement illegal, invalid or unenforceable. If any provision or part of a provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, it is the intention of the Parties that the remaining provisions or parts thereof shall constitute their agreement as to the subject matter hereof and that all remaining provisions or parts of provisions shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any dispute arising therefrom shall be governed by the substantive and procedural laws of Italy, without regard to its conflict or choice of law rules and, to the extent applicable, by the laws of Italy. The exclusive jurisdiction and venue for actions relating to the subject matter hereof shall be the courts located in Italy, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a trial by jury in any proceedings arising out of or in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Modifications and amendments
We reserve the right to change this Agreement or its policies relating to the Site or Services at any time, effective upon posting an updated version of this Agreement on the Site. When we do so, we will post a notice on the main page of our Site. Your continued use of the Site after such changes will constitute your consent to those changes.
Acceptance of these conditions
You acknowledge that you have read this Agreement and that you accept all of its terms and conditions. By using the Site or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not permitted to use or access the Site and its Services.
Getting in touch with us
If you wish to contact us for more information on this Contract or wish to contact us for any questions related to it, you may do so via the contact form or send an e-mail to email@example.com.
This document was last updated on 18 March 2020