Terms of use
Terms of use – motoraddicts.com
1 Introduction
1.1 Welcome to motoraddicts.com, provided by Castrol Limited. Any reference to “Castrol” in these terms shall mean Castrol Limited and its subsidiaries and affiliates. Access to and use of motoraddicts.com is provided by Castrol on the basis of a number of important terms and conditions, which are set out in full below.
1.2 You should carefully read these terms and conditions (“terms”). By using motoraddicts.com you agree to be legally bound by these terms, which will take effect from your first use of motoraddicts.com. If you do not agree to be legally bound by these terms, then you should not access or use motoraddicts.com.
1.3 These terms apply generally to the use of motoraddicts.com. Particular discussion groups, chatrooms or message boards (“Boards”) that Castrol make accessible to you through motoraddicts.com may have additional special terms attached. You will need to read and agree to be legally bound by those special terms before you use the relevant Board. If you do not agree to be legally bound by those special terms then you should not access or use the relevant Board.
2 Changes to terms
2.1 Castrol is continually seeking to update and improve motoraddicts.com. As a result, Castrol may make changes to motoraddicts.com, including these terms, at any time. You will need to review these terms regularly so that you are aware of any changes made by Castrol. You will be legally bound by the updated or amended terms from the first time that you use motoraddicts.com after Castrol posts the changes on-line.
3 Age restrictions
3.1 motoraddicts.com is intended for persons over the age of 16 only. If you are under 16 then you cannot register for and should not attempt to access motoraddicts.com.
4 Registration
4.1 On registration, you will be asked to provide certain information, including a username unique to you and a password. You must ensure that:
(a) the information which you provide is true and accurate in all respects;
(b) your username is not inappropriate, vulgar or offensive;
(c) your password (and any information Castrol may collect from you to enable it to provide you with password reminders) is and is kept secret to you and secure.
4.2 You will be responsible for all posts on the Boards and all other motoraddicts.com activity conducted using your username and password.
4.3 Castrol will deal with any personal information you supply on the terms of the motoraddicts.com Privacy Policy.
5 motoraddicts.com content
5.1 You may copy, download, adapt or print off copies of the materials, information, data and other content included on motoraddicts.com (“motoraddicts.com content”) but only for your personal, non-commercial use and information. However, you must retain any notices contained in motoraddicts.com content regarding the ownership of rights in that content and comply with your other obligations under these terms. You may not use motoraddicts.com content for commercial purposes without Castrol’s prior written permission.
5.2 The rights in trade marks, trade names and logos included on motoraddicts.com are owned by Castrol, its third party suppliers and contributors. All rights are reserved and acknowledged. You may not use these trade marks, trade names and logos in any way without Castrol’s prior written permission.
5.3 Through motoraddicts.com, Castrol is seeking to facilitate a self-moderated discussion group and message board facility for car enthusiasts across the globe. Castrol does not pre-screen any motoraddicts.com content disseminated through, published or posted (collectively “Posted ”) on the Boards.
5.4 Because the Boards are self-moderated, you should understand that, when using motoraddicts.com, you might come across motoraddicts.com content which you find offensive or objectionable. If you do come across such content then you are free to register a complaint with the moderator in relation to that content. You should note that the views expressed in material Posted on the Boards are the views of the individual concerned, which may be different to the views of Castrol.
5.5 If you Post any material, information or content on the Boards or otherwise submit a contribution to motoraddicts.com (a “Contribution”), then you are confirming that:
(a) that Contribution includes nothing which would be a breach of these terms;
(b) that Contribution is non-confidential and non-proprietary and that Castrol may make use of that Contribution in any way it sees fit and without acknowledgement; and
(c) users of motoraddicts.com (“Users”) may access any Contribution made through the Boards or otherwise, on terms similar to these (as updated). If you wish to restrict Castrol and the Users’ use of any Contribution then you are advised not to submit that Contribution to motoraddicts.com.
5.6 You are entirely responsible for any Posts or Contributions you make. You shall be entirely responsible for any losses which Castrol or any Users may suffer as a result of any Posts or Contributions you make or otherwise as a result of your use of motoraddicts.com.
5.7 Although Castrol does not pre-screen or actively monitor motoraddicts.com content, you should note that motoraddicts.com content may be edited or deleted by the moderator or site administrator at any time. motoraddicts.com content may also be periodically removed or archived as part of general housekeeping
6 Conduct
6.1 You are responsible for ensuring that your use of motoraddicts.com is lawful under the laws of any country in which you access it.
6.2 Generally, you must ensure that you only use motoraddicts.com in order to make Posts and other Contributions which are legal, decent, proper and relevant. Your use should facilitate other Users’ use and enjoyment of motoraddicts.com and contribute to the smooth running of the Boards and motoraddicts.com and its supporting systems.
6.3 By way of example (and without limiting your obligation under section 6.2), you must ensure that you:
(a) comply with the instructions of the moderators and any other instructions regarding the use of motoraddicts.com or any Board;
(b) do not defame, threaten, harass, abuse or otherwise violate the rights of others
(c) do not submit Posts or other Contributions which are unlawful, defamatory, obscene, profane, objectionable or inappropriate;
(d) do not promote or provide instruction on unlawful conduct or promote any form of violence or physical harm towards others;
(e) make any Posts or Contributions which infringe the proprietary rights of another party, including copyright, trade marks, patents, rights in designs or confidential information and other similar rights;
(f) do not interfere with or disrupt the smooth running of motoraddicts.com or annoy other Users (by, for example, flooding the Boards with multiple versions of the same or similar Posts, creating or using multiple log-ins, sharing “chain-mail” or making Posts which are off-topic);
(g) do not flood or disrupt the Boards with commercial messages or advertising;
(h) do not impersonate anyone else;
(i) do not use motoraddicts.com to harvest personal information about others;
(j) do not include other individuals’ personal information in Posts or Contributions unless you have their permission and your use of their information is not unlawful or a violation of their rights;
(k) do not misuse the complaints facility by, for example, raising spurious or vexatious complaints or overloading the complaints facility with multiple versions of the same or similar complaints;
(l) do not submit Posts or other Contributions which express or imply that they have been sponsored, endorsed or otherwise approved for publication by Castrol;
(m) do not transmit any viruses or other harmful code or otherwise interfere with the systems supporting motoraddicts.com.
Please note, that Castrol seeks to use these terms to prohibit all such behaviour. However, Castrol cannot guarantee that you will not be exposed to such behaviour at motoraddicts.com. If you encounter any such behaviour then please feel free to make a complaint to the moderator.
6.4 motoraddicts.com and the Boards are currently English language only. Therefore your Posts and other Contributions must be in English unless other languages are expressly permitted in any special terms governing the relevant Boards.
6.5 Castrol advises that you exercise caution in revealing any personal information about yourself on the Boards.
7 House rules
7.1 The “House Rules” are provided for your convenience as a reminder of some of the key considerations you should bear in mind when making Posts and Contributions and using motoraddicts.com. They are not a substitute for these terms and, in the event of any inconsistency, these terms shall prevail.
8 Third party websites
8.1 Castrol does not monitor the content of third party websites and any link provided on motoraddicts.com is solely for your convenience. Castrol cannot therefore accept any responsibility for any third party website. You are responsible for checking and complying with the terms applicable to your use of any third party website.
9 Responsibility
9.1 The extent of our responsibility to you has been determined in the context of the following:
(a) access to motoraddicts.com, including the Boards, is provided to you free of charge;
(b) it is your responsibility to determine the suitability of any motoraddicts.com content for any particular purpose to which you wish to put it;
(c) you should not rely on motoraddicts.com content, as it is not checked or verified by Castrol or any other party and you are responsible for any action you take or do not take as a result of motoraddicts.com content;
(d) it is your responsibility to ensure that your equipment is enabled with appropriate up-to-date virus checking software before you access or use motoraddicts.com.
9.2 Whilst Castrol will endeavour to ensure that motoraddicts.com is available to you and that content for which Castrol is responsible is accurate, it cannot make any legal commitment or representation to you that motoraddicts.com will be available at any particular time or that it or any Castrol content will be of any particular quality or fit for any particular purpose. However, Castrol will exercise reasonable skill and care in providing any service to you.
9.3 Castrol can accept no liability to you for any of the following types of loss which you may suffer as a result of your use of motoraddicts.com:
(a) loss which was not foreseeable to you and Castrol when you first accessed or registered to use motoraddicts.com (even if that loss results from Castrol’s failure to comply with these terms or its negligence);
(b) any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default);
(c) loss which you suffer other than as a result of our failure to comply with these terms or our negligence or breach of statutory duty.
9.4 Castrol can not accept liability for any direct, indirect, special, consequential or other loss or damage of whatsoever kind arising out of access to, or the use of this website or any information contained in it.
9.5 Castrol can accept no liability to you if it fails, or is interrupted or delayed in the performance of any obligation because of:
(a) the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party;
(b) any other event not reasonably within Castrol’s control.
9.6 Castrol does not give any commitment that motoraddicts.com or any motoraddicts.com content will be available uninterrupted or error free, that defects will be corrected, or that motoraddicts.com or its supporting systems are free of viruses or bugs.
9.7 Castrol does not give any commitments or accept any liability to you in respect of motoraddicts.com content provided by Users or third parties other than Castrol.
<10 Castrol’s remedies
10.1 Castrol reserves the right (on behalf of itself and any moderator which it may appoint) at any time and for any reason to:
(a) temporarily or permanently suspend your access to motoraddicts.com or any Board;
(b) delete any of your Posts;
(c) require any future Post of yours to be pre-vetted by the moderator; or
(d) take any other action against your account.
10.2 Castrol may terminate the agreement made with you on these terms at any time without notice if you breach any of the terms. You may terminate the agreement by providing written notice to: Castrol at Mr. Shyam Balasubramanian, Castrol, Wakefield House, Pipers Way, Swindon, SN3 1RE. that you wish to terminate your registration.
10.3 Following termination of this agreement, you shall cease to be entitled to access motoraddicts.com.
11 General
11.1 If there is any conflict between these terms and terms identified as special terms appearing elsewhere on motoraddicts.com (including conditions relating to any specific Board), then the special terms appearing elsewhere shall prevail. This does not affect or override the provisions of section 7, which deals with the “House Rules”.
11.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable then the remaining terms shall remain in full force and effect.
11.3 These terms shall be governed by and interpreted in accordance with the laws of England and Wales. If you are a consumer, then you may have rights to bring court proceedings in the courts of the country in which you are domiciled. Otherwise, to the fullest extent permitted by law, you and Castrol shall bring all court proceedings in the courts of England and Wales.
Castrol Limited © 1999-2006 Wakefield House, Pipers Way, Swindon, SN3 1RE