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February 21 2007 03:42
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Agreement:
Website Terms and Conditions Please read these terms and conditions carefully before using this website (the “Site”). Using this Site indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use this Site. We may change our terms and conditions from time to time so you should review them regularly. Your use of this Site will be deemed an acceptance of the terms and conditions existing at that time. 1. Information About Us This Site is operated by Diamond Motor Sales (part of The Market Toys Group). 57 Sycamore Street, Ashington, Northumberland, NE63 0BE 2. Accessing This Site 2.1. We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. 2.2. From time to time, we may restrict access to some parts of this Site, or this entire Site, to users who have registered with us. 2.3. If you choose, or you are provided with, a user identification code, 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 identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions. 3. Permitted Use 3.1. Subject to clause 3.2, you may print and download extracts from this Site for your own personal non-commercial use on the following basis: 3.1.1. no documents or related graphics on the Site are modified in any way; 3.1.2. no graphics on the Site are used separately from accompanying text; and 3.1.3. no copyright and trade mark notices are removed. 3.2. You agree not to: 3.2.1. use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors; 3.2.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above; 3.2.3. provide a link to this Site from any other website without obtaining our prior written consent. 4. Intellectual Property Rights 4.1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 4.2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works. 5. Reliance On Information Posted 5.1. The information contained in the material on this Site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents. 5.2. Subject to clause 5.3 and to the extent permitted by law, we hereby expressly exclude: 5.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 5.2.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this Site, including without limitation any liability for: 5.2.2.1. loss of income or revenue; 5.2.2.2. loss of business; 5.2.2.3. loss of profits or contracts; 5.2.2.4. loss of anticipated savings; 5.2.2.5. loss of data; 5.2.2.6. loss of goodwill; 5.2.2.7. wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 5.3. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law. 6. Third Party Material 6.1. This Site may contain material submitted and created by third parties including other Site users. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material. 6.2. In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and we exclude so far as permitted by law all liability to you in respect of the same. 7. Links From This Site Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law. 8. Material Submitted By You 8.1. By submitting any material to us, you : 8.1.1. automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and 8.1.2. waive all your moral rights in such materials. 8.2. You acknowledge that we are not obliged to publish any material submitted by you. 8.3. You are agree not to post any material: 8.3.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or 8.3.2. for which you have not obtained all necessary licences and/or approvals; or 8.3.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or 8.3.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 8.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of clause 8.3. 9. Data Protection and Privacy 9.1. We process information about you in accordance with our Privacy Policy. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate. 9.2. We hold a data protection registration and comply with the Data Protection Act 1998. 10. Validity If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. 11. Entire Agreement These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein. 12. Jurisdiction and Applicable Law The English courts will have exclusive jurisdiction over any claim arising from, or related to, this Site. These terms and conditions are governed by English Law. 13. Use of personal information We use personal information collected via diamondmotorsales.com to: 13.1. Provide you with information about the products and services we offer 13.2. Pass on to selected companies to provide you with other offers and promotions 13.3. Help other companies profile and extend their databases 13.4. Allow us to send you, via e-mail, details of special offers and promotions 14. Private seller guarantee explanation Our guarantee to you is that we will advertise your car across our network until instructed to stop. Your car will be advertised across our network of websites until you either delete your advert manually or inform us you would like it to be removed. You can edit your advert once the car has been listed. We do not guarantee that your car will sell by advertising with us but we do guarantee that the advert will be shown until your subscription stops. We do not offer to purchase vehicles from private sellers.