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Terms and Conditions
(Updated January 2019)
1. ACCEPTANCE OF TERMS: This is a Website of Geartek. Use by you of this Website and any other websites operated by Geartek and its group companies (the “Geartek Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Geartek Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Geartek Site. The financial statements of Geartek are prepared for the purpose of and in accordance with applicable UK law.
2. CONTENT: The copyright in the material contained on, in, or available through this Website or any other Geartek Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Geartek or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other Geartek Site or Server are registered and owned by or licensed to Geartek or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Geartek or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Geartek or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Geartek or the relevant group company.
3. CONTENT SUBMITTED TO THE WEBSITE: Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of certain of the Geartek Sites. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to any Geartek Site or Server or otherwise transmitted through this Website or any other Geartek Site or Server by any visitor to this Website is referred to as “Content”. Geartek does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Geartek does not guarantee the accuracy, integrity or quality of such Content. Geartek shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Geartek shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any Geartek Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Geartek receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of any Geartek Site or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through any Geartek Site) you are wholly responsible for it. You hereby: (a) grant Geartek and its group companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.
4. THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS: This Website and other Geartek Sites or Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). Geartek does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, Geartek is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Geartek is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. From time to time, Geartek may receive a fee and/or commission from a third party product or service provider if Geartek features a Product or Service on a Geartek Site or if you link to a Third Party Website from a Geartek Site and purchase Products or Services from them.
5. DOWNLOADS: You acknowledge and agree in relation to any downloads which are accessed on or via a Geartek Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, re¬sell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
6. MEMBER CONDUCT: You agree that when using the Website or any other Geartek Site or Server you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Geartek Site or Server or any networks connected to this Website or any other Geartek Site or Server or another’s computer, or that contains any chain letters, pyramid¬ selling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this Website or any other Geartek Site or Server; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this Website or any other Geartek Site or Server which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this Website or any Geartek Site or Server using an e¬mail address provided by a free account service such as hotmail; or (h) Register yourself as a member of this Website or the forum provided through this Website or any Geartek Site, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or (i) Use this Website or any other Geartek Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access.
You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website or any other Geartek Site or Server. You agree to indemnify Geartek and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Geartek Site or Server other than in accordance with these Terms and Conditions.
8. DISCLAIMER / LIABILITY: This Website, any other Geartek Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘as ¬is’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Geartek disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Geartek Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Geartek Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, non-infringement and title are, as between Geartek and you, hereby excluded. Geartek makes no representation or warranty that this Website, any other Geartek Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error-free. Geartek will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Geartek Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Geartek Site or Server or Third Party Website, whether by Geartek or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.
If Geartek is liable to you directly or indirectly in relation to this Website, any other Geartek Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Geartek Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Geartek granting you membership to this Website or any other Geartek site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Geartek or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by Geartek from its offices in the UK. Geartek makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any Geartek Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
DOWNLOADS: Without limiting the foregoing, you expressly agree that Geartek, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the Geartek Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and Geartek and its group companies hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third ¬party rights. Geartek does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus-¬free, or error-¬free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
9. NO RECOMMENDATION OR INVITATION TO INVEST: No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Geartek and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.
10. ACCESS RESTRICTION: Geartek reserves the right in its sole discretion to deny you access to this Website or any other Geartek Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Geartek may deny you access to this Website or any other Geartek Site or Server if Geartek exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
11. ONLINE COMPETITIONS: If you take part in any competition which is run on or through this Website or any other Geartek Site or Server (“Competition”), you agree to be bound by the Online Competition Rules and any other rules specified by Geartek from time to time (“Competition Rules”) and by the decisions of Geartek, which are final in all matters relating to the Competition. Geartek reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
12. GENERAL: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Geartek concerning your use of this Website or any other Geartek Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Geartek in relation to such matters.
Geartek reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Geartek.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Geartek, to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Geartek’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Geartek in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Geartek and its group of companies.
13. No Waiver: No waiver of any portion of these terms shall be deemed a further or continuing waiver of such term or any other term contained herein, and Geartek’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.