These Terms of Use set out the terms on which you may make use of our website www.mrftyres.com ("our site"), whether as a guest or as a registered member. Please read these Terms of Use carefully before you start using our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.
Information about us
Accessing our site
Certain parts of our site will require you to register as a member and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form; and (b) maintain and promptly update the data you provide to us (by updating your online account) to keep it true, accurate, current and complete.
Where you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
We are concerned about the safety and privacy of all of our users, particularly children. For this reason, parents who wish to allow their children access to our site should supervise their access to our site. By allowing your child access to our site, he/she may be able to access various services including forums. As you will see below, we do not pre-screen content posted to these pages of our site and, as legal guardian, it is therefore your responsibility to determine whether any of the content is appropriate for your child.
We will not be liable if for any reason our site is unavailable at any time or for any period.
Use of our site
Our site has been created to allow users to interact, upload and share a large variety of media such as pictures, written content, audio and videos through blogs, forums and messaging services (the "Interactive Services").
Such Interactive Services are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any Content placed on our online forums (or transmitted via our Interactive Services) by you or any third party.
You agree, when using our site, that you will not:
- Upload, post, email, send to any other user or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- Harm or attempt to harm minors in any way;
- Impersonate any person or entity, including, but not limited to, one of our employees, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
- Upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt our site or servers or networks connected to our site, or disobey any requirements, procedures, policies or regulations of networks connected to our site;
- Intentionally or unintentionally violate any applicable law or regulation; or
- Collect or store the personal data of other users.
You acknowledge that we do not pre-screen Content that users post on our site, but that we shall have the right (but not the obligation) to monitor communications that occur through, and posts made on, our site. If we determine, in our sole discretion, that you or another user have breached these Terms of Use or that any Content is inappropriate or otherwise objectionable, we may refuse to accept and may remove any content from our site, without any liability to you or a third party.
Indemnity
You agree to indemnify, defend and keep us and our affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly by us (or our affiliates) in connection with: (i) your violation of these Terms of Use or any applicable law or regulation; or (ii) any claim made against us by a third party arising from your use of the Content or our site (including the Interactive Services). This indemnity includes any liability to third parties, and other costs and losses incurred by us.
Intellectual property rights
All articles, information and other materials presented on our site are subject to copyright, trade mark rights and/or other intellectual property rights owned by or licensed to us. You are prohibited from reproducing, adapting, modifying, distributing, extracting, providing links to or otherwise communicating or making available to third parties any part of our site (including any Content) without our written consent. You acknowledge that, by making use of our site, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
With respect to all Content you post on our site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post on our site, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights in the Content that you post on our site and can grant the rights set out above. You represent, warrant and undertake that: (i) use of your Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide your Content; and (iii) you will immediately remove and notify us of any Content that does not comply with these Terms of Use or may infringe the rights of a third party. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates in respect of an infringement by you of that third party’s intellectual property rights or arising out of or in connection with your breach of any of these warranties.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
All material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and our affiliates hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable).
This does not affect our liability for death or personal injury arising from our negligence; or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter; nor, any other liability which cannot be excluded or limited under applicable law.
Links from our site
Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Variations
We may revise these Terms of Use at any time. You are expected to check these terms from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.