Terms & Conditions
All Users accessing and using this website are deemed to have agreed to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use this website.
"Agreement" means these terms and conditions under which you agree to be bound in the event you access or use this website.
"Information" means any and all material (being written and/or stills or video material which shall include without limitation any source codes, files, computer languages or applications) contained in or creating this website which is created by or on behalf of MM Media Ltd or any associates thereof.
"User" means you, the website user.
"website" means the website at [www.machinery-market.co.uk www.machinerymarket.co.uk].
- Rights and Grant of Licence
2.1 The Information contained on this website is owned by, licensed or authorised to be used by MM Media Ltd its associates, assignees, licensees or sub-licensees thereof ("MM Media Ltd"). The copyright in the website is owned by MM Media Ltd.
2.2 Any form of reproduction of part or all of the Information is strictly prohibited save as provided in Clause 2.3 below.
2.3 The User may print or download [any Information/up to [two (2) stills or video image files and two (2) content files]] to a locally held disc provided the same is used solely for the User's own personal use. The User may copy the Information to individual third parties for their personal information and personal use, but only if:
2.3.1 the User acknowledges MM Media Ltd as the source of the Information and the website alongside such copy of the Information; and
2.4 The licence granted herein does not permit incorporation of the Information or website (or any parts of the same) in any other work or publication, whether hard copy or electronic or otherwise.
2.3.2 the User informs the third party that these conditions apply to any use of the Information.
2.5 All other rights not expressly granted herein are reserved to MM Media Ltd. All moral rights and related rights in or to the Information are asserted in full.
2.6 The licence granted herein may be revoked at any time, without reason and any user may be denied access to the website at any time without reason.
The User undertakes:
(a) that it shall not use the website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of MM Media Ltd;
(b) that in the event it has any right, claim, or action against any other User or other third party arising out of its or their use of the website it shall pursue such right, claim or action independently of and without recourse to MM Media Ltd, other than at the express written permission of MM Media Ltd
(c) and acknowledges that MM Media Ltd has no obligation to provide the website or any Information or to ensure the User is able to use, provide and/or access the Information or the Web Site; and
(d) to indemnify and keep indemnified MM Media Ltd against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, or the website or of the User's obligations under this Agreement.
- Exclusion of Liability/Disclaimer
4.1 The website is part of an on-line community and as such receives content and Information from its Users. This Information is not reviewed or checked by MM Media Ltd and the views and opinions expressed in such Information may not reflect the views and opinions of MM Media Ltd.
4.2 MM Media Ltd provide the website and the Information on an "as is" basis and make no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose.
4.3 In addition, the website is accessible from the world-wide web and as such MM Media Ltd are not able to restrict those Users accessing the website. To protect Users, MM Media Ltd advise that Users do not communicate personal details to other Users, other than where caution has been exercised. In any event communication of personal details is entirely at the User's own risk. MM Media Ltd accepts no liability and shall not be liable for any actions, losses costs, damages or inconvenience caused to Users resulting from interaction with other Users or third parties from the website.
Without limitation to the above, should any User receive or view racist, abusive, obscene or offensive material on or as a result of accessing the website, they should report the details of such incident to email@example.com who will endeavour to prevent such incidents re-occurring so far as the same is technically possible and financially viable.
4.4 Further, MM Media Ltd makes no warranty or representation about;
(a) the reliability or technical efficiency of the website;
4.5 MM Media Ltd excludes all liability (so far as is permitted by law) in respect of ;
(b) the security measures (if any) contained in the website and in particular the protection afforded to any Information or User's personal information or data;
(c) whether the website or the Information is Year 2000 compliant;
(d) the suitability of the advertisements on the website or the suitability, legality or otherwise of other websites which may be accessible from the website;
(a) any advertisements or other websites which can be accessed via the website; and
(b) any opinions and expressions made by third parties which can be accessed via the website or which are contained in the Information; and
(c) any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the website or the Information.
MM Media Ltd shall have the right to terminate this Agreement (and any licence granted therein) immediately and without notice to the User. In the event of termination, the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.
- Amendments to Terms and Conditions
MM Media Ltd reserve the right to change and amend these Terms and Conditions from time to time. The User's continued use or access of the website after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the website.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
- No waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
MM Media Ltd may freely charge, licence, transfer, assign or otherwise dispose of any of its rights or obligations hereunder.
The User shall not be entitled to charge, license, transfer, assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from MM Media Ltd.
- Entire Agreement
This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales the courts of which shall alone be the courts of competent jurisdiction.