TERMS AND CONDITIONS OF USE OF WEBSITE AGREEMENT (“Agreement”)
This Website is provided by Road Stories ("Road Stories", also referred to as "we", "us" and "our")
By accessing the Road Stories Website (“Website”) you are agreeing to these terms and conditions as incorporated below.
SUBSCRIPTION & MEMBERSHIP:
Annual subscription is available worldwide to customers aged 18 or over. The subscription price provides access to the Website and Member Services for 52 weeks, which is the minimum contract period. By checking out with PayPal you will be setting up a recurring payment and therefore you will automatically be billed every year. This shall maintain your subscription status. The subscription cost is quoted in UK Sterling. For international customers conversion rates may fluctuate and conversion fees may be charged by the customer’s bank. Road Stories reserves the right to change the annual subscription price with 30 days’ notice. All subscriptions are subject to English law and jurisdiction.
CANCELLATION OF SUBSCRIPTION:
In the event that you subscribe for membership please be aware that because your membership can be used immediately, you do not have the statutory cooling off period during which you may cancel your membership without charge. We are unable to provide refunds in respect of your initial payment (either in whole or in part).You will be able to cancel your subscription at any time via your PayPal profile. Your subscription will then be cancelled at the end of the current 52-week term.
APPLIES TO ALL MEMBERS, USERS, AND VISITORS (INCLUDING TO THE HOMEPAGE & FREE CONTENT AREAS)
1. Definitions & Interpretation
In this Agreement the following terms shall have the following meanings:
"Business Day" means Monday – Friday;
means any text, graphics, images, audio, video, films, photographs, artistic works, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Member" means a private individual who has subscribed to the Website;
“Member Service(s)” means collectively any online facilities, tools, services or information which Road Stories makes available to those individuals who have paid the membership subscription through the Website either now or in the future;
means any online communications infrastructure which Road Stories makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" means any third party that accesses the Website as a Visitor or a Member and is not employed or engaged by Road Stories and acting in the course of their employment;
"Visitor" means anyone using the Website who is not a Member;
“Visitor Services” means collectively any online facilities, tools, services or information which Road Stories makes available as free content for the purpose of promoting the Website and for which membership subscription is not required;
"Website" means the website that you are currently using at www.roadstories.co.uk and any subdomains of this site unless expressly excluded by their own terms and conditions.
This Agreement sets out the legally binding terms for your use of the Member Services or Visitor Services (collectively “the Services”). By using the Services, you agree to be bound by this Agreement, whether you are a Visitor or a Member. You must be a private individual aged 18 years or over to register for use of the Website and to use the Services. Only Members are entitled to access areas of the Website restricted to Member only access. If you do not agree with this Agreement, you should leave the Website and discontinue use of the Services immediately. If you wish to register to become a Member, and make use of the Member Services, you must read this Agreement and indicate your understanding and acceptance of the terms of this Agreement during the registration process. Payment will not be processed until you acknowledge that you have read and accepted this Agreement. Once you have completed the registration process and made payment, access to the Member Services will commence with immediate effect.
3. User Warranties
By using the Member Services you confirm (a) you are a private individual aged 18 years or older; (b) all registration and payment information you submit is true and accurate; (c) you will maintain the accuracy of that information; (d) your use of the Member Services does not violate any applicable law or regulation. This Agreement shall remain in full force and effect while you use the Website or Services or are a Member. Your Member account may be deleted with immediate effect and your membership may be terminated without warning, if we discover that you are under 18 years of age or you are in breach of any of the warranties above or the terms herein.
4. Membership Subscription
1. You acknowledge that we reserve the right to charge for the Member Services and to change the annual membership fees from time to time. If we terminate your membership because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of the subscription fee already incurred.
2. All fees are non-refundable.
3. Annual Membership fees will be deducted automatically from your PayPal account After expiry of the initial 52 week minimum term you are responsible for keeping your PayPal account up to date. You may need to occasionally confirm with Paypal changes to your account details including updating your credit/debit card validity or expiration dates.
4. Payment can be made using PayPal. You warrant and represent that you are the account holder of the PayPal account and therein the bank account details you submit or the credit card or debit card being used is yours and/or you have legal responsibility for it.
5. We take all reasonable care to make our Website secure. Payments are made through PayPal, a recognised secure online payment gateway that encrypts your card or bank account details in a secure host environment. No payment details will be stored by Road Stories.
6. We will take all reasonable care to keep the details of your order and payment secure. We cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any information you provide when accessing the Website unless due to our negligence.
7. If you believe someone has accessed the Website using your screen name and password without your authorisation, you must notify us of this immediately at email@example.com . You are responsible for all fees incurred to access the Website by anyone using your email address and password. You are responsible for any fees incurred to access the Website through an internet access provider or any other third-party service.
8. If you access the Website and Member Services as part of an exclusive preview arrangement, all of the terms and conditions of this Agreement apply to you except the obligation to pay for access to the Website and Member Services. The arrangement may be terminated at any time without notice.
5. Username & Password
1. In the event you sign up to become a Member, you will be asked to choose a username and password. You are solely responsible for keeping your password confidential. You agree not to use the account, username, or password of another Member at any time. You agree not to disclose your password to any third party. You agree to notify us immediately by email at firstname.lastname@example.org if you suspect any unauthorised use of your account or if the security of your password has been breached.
2. Your username and password are personal to you and must not be transferred or shared. Your username and password may only be used to access the Website and Member Services from one computer or device at a time.
3. You may change your email address, username and password at any time when you log in to your account.If you lose your username and/or password you will need to follow the ‘forgot password’ link and we will send you a temporary password. Please log in using the temporary password and reset a new one in your account.
4. You may not select a username that we in our sole discretion deem offensive.
6.1 Intellectual Property Rights
1. Subject to the exceptions in Clause 6.2 of these Terms and Conditions, all Content included on the Website, unless submitted by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, artistic works, photographs, data compilations, page layout, underlying code and software is the property of Road Stories, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property laws and regulations.
2. We hereby grant you a limited, revocable, license to retrieve and display the Road Stories Content (excluding any software code) on a computer solely for your personal, non-commercial use to the extent necessary to view the Website including the Road Stories Content. You may not reproduce, copy, modify, translate, publish, perform, broadcast, sub-licence, transmit, distribute, sell, display or in any other fashion re-use any content appearing on the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
6.2 Third Party Intellectual Property
The Website contains content owned by third parties (“Third Party Content”).
1. Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in Third Party Content including product images and descriptions, belong to the manufacturers or distributors of such products as may be applicable.
2. You may not reproduce, copy, modify, translate, publish, perform, broadcast, transmit, distribute, sell display or in any other fashion re-use any Third Party Content appearing on the Website unless given express written permission to do so by the relevant third party. You may retrieve and display Third Party Content (excluding any software code) from the Website or the Member Services on a computer solely for your personal non-commercial use as necessary to view the Website including the Third Party Content.
6.3 Personal Intellectual Property
1. We do not claim any ownership rights in the text, photographs, artistic works, images, video, audio, music, or any other product that you submit to us for publication to the Website or the Services ("Personal Content"). After submitting Personal Content to Road Stories, you continue to retain all ownership rights in such Personal Content, and you continue to have the right to use such Personal Content in any way you choose. By submitting any Personal Content for inclusion on or through the Website you hereby grant to us a Worldwide -, non-exclusive, perpetual, transferable, royalty free licence to use in any way whatsoever the Personal Content on the Website.
2. You represent and warrant that you own the Personal Content submitted by you for inclusion on the Website or have the rights or permissions to grant the licence set forth in this section, and that the posting of your Personal Content by us on or the Website does not infringe the privacy rights, copyright or any other rights of any person, or otherwise breach any injunction, order or other legal ruling and is not defamatory of any person You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Personal Content submitted by you that may be posted on the Website.
3. We will not post any content submitted that in our opinion infringes this Agreement or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person.
4. Personal Content does not necessarily reflect our opinions. We make no warranties, express or implied, as to the Personal Content or to the accuracy and reliability of the Personal Content or any material or information that we may publish on the Website.
You may not modify, distribute, or copy any copyright material, trademarks, or other information belonging to others without obtaining the prior written consent of the owner of those rights. If you believe that your work has been used on the Website in a way that constitutes copyright infringement, please email us at email@example.com. We will take such action (if any) that we in our absolute discretion deem appropriate, to remedy the alleged infringement.
8. Links to this Web Site
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.roadstories.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Road Stories. To find out more please contact us by email at firstname.lastname@example.org
9. E-mail Policy
1. All e-mails received will be taken to be submitted, where appropriate, for publication, free of charge. If you have a story or photographs or recording you would like to submit please use the contact us link on the Website.
2. Where appropriate we will endeavour to respond to e-mails within 2 business days of receipt, but we cannot guarantee to respond to e-mails.
3. We will not reply to any e-mail sent to us which contains threatening, abusive, malicious, obscene, defamatory, pornographic or other inappropriate material. We may take such action as we deem fit in respect of such material.
10. Non Personal Use
The Services are solely for the personal use of Members, Visitors and/or Users, and may not be used for any commercial exploitation whatsoever except where specifically endorsed or approved by us. Any illegal or unauthorised use of the Services or the Website may be subject to legal action.
11. Prohibited Activity
In the event it comes to our attention that you pursue any prohibited activity we may at our sole discretion take appropriate action including terminating this agreement, taking legal action and/or reporting to the relevant authorities anyone who, in our opinion is in breach of this provision. Prohibited activity shall mean:
i. impersonation or attempting to impersonate another Member or person;
ii. using the account, username, or password of another Member or revealing your password to any other person or permitting any other person access to your account:
iii. selling or transferring your account details;
iv. attempting to tamper with, access or make available to other persons data stored on the Website;
v. using information from the Website in order to harass or cause harm to another person;
vi. obtaining or attempting to obtain unauthorised access, by whatever means, to the Website areas that are identified as restricted;
vii. using the Website in a manner inconsistent with any applicable laws and regulations.
13. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
3. No part of the Website is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.
4. Whilst every effort has been made to ensure that all descriptions of services available from us correspond to the actual services, we are not responsible for any variations from these descriptions. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
15. Links to Other Websites
The Website may contain links to other sites. Unless expressly stated, these sites are not under the control of us or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them. When you access these third-party sites, you do so at your own risk.
16. Advertisers and Sponsors
Advertisers and sponsors are responsible for ensuring that material included on the Website complies with relevant laws, codes and regulations. We exclude any responsibility for any error or inaccuracy appearing in any on-screen advertising or sponsorship material. If you undertake to deal with any third parties that advertise or sponsor through the Website then any terms, conditions, warranties or representations with such third parties are solely between you and such third party. We do not take any responsibility for the goods or services provided by the advertisers. You agree that we are not liable for such dealings, and you agree to indemnify us in relation to such dealings.
17. Limitation of Liability
1. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Website, from any content posted on or through the Website, or from the conduct of any Users of the Website, whether online or offline.
2. We assume no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Website.
3. Nothing in these terms and conditions excludes or restricts Road Stories’s liability for death or personal injury resulting from any negligence or fraud on the part of Road Stories.
4. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, such term is to be deemed severed from these terms and conditions.
18. No Waiver
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and us regarding the use of the Website. The failure by us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
19. Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and any disputes must be heard in the Courts of England and Wales.
You shall indemnify hold harmless and keep Road Stories fully and effectively indemnified against any and all losses, actions, proceedings, penalties, costs, claims, damages, expenses (including but not limited to reasonable legal costs and expenses) or liabilities whatsoever suffered or incurred directly or indirectly by and/or awarded against Road Stories in consequence of any breach or non-performance or threatened breach or non-performance by you and/or of any of the representations, undertakings, warranties and agreements given or made by you in this Agreement (whether foreseeable or unforeseeable) .
We may amend this Agreement from time to time. We will provide a link on the homepage of the Website to the current Agreement. Amendments will normally take effect immediately upon posting by us on the Website. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such amendment is posted. If you do not agree, you should not use the Website or the Services.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of the latest version of the Terms and Conditions as published on the Website will prevail.
1. We may terminate the supply of the Website or restrict your access to it or terminate your Membership with immediate effect where (a) there is a change in the way we provide the Website that limits our ability (b) any event beyond our reasonable control prevents us from being able to provide the Website (c) we consider you are acting in breach of the Agreement.
2. Your membership will commence at the time and date on which your payment for subscription is finalised and will continue unless we terminate it as in clause 22.1.
3. We may change, suspend or discontinue any aspect of the Website and/or Services at any time.
4. In the event that you purchase your subscription to the Website through a third party, different commencement and cancellation provisions may apply. Your dealings with any third party and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable to you for any loss or damage that you suffer in relation to such dealings.
All notices or communications should be sent to us by email to email@example.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
This version dated 12th February 2014