DCCconcepts Website Terms and Conditions
We have included this somewhat long set of terms and conditions only because we are advised to do so.
However, they do not now, nor will they ever, supercede or modify the ongoing desire of all of us at DCCconcepts to do the best for our clients, deliver great products and the best service quality we can… or our constant wish to help and provide a useful resource for railway modellers everywhere.
The Lawyers Jargon
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, then you must not use this website.
License to Use Website
Unless otherwise stated, DCCconcepts Ltd. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, advice or product manuals from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not: Republish material from this website (including republication on another website); Sell, rent or sub-license material from the website; Show any material from the website in public; Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; Edit or otherwise modify any material on the website; or Re-distribute material from this website [except for content specifically and expressly made available for redistribution. (Where content is specifically made available for redistribution, it may only be used for the specified purpose or redistributed internally within your organisation)
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DCCconcepts Ltd. express written consent.
You must not use this website for any purposes related to marketing without DCCconcepts Ltd. express written consent.
Restricted Access
Access to certain areas of this website is restricted: DCCconcepts Ltd. reserves the right to restrict access by any organisation, entity or individual to all areas of this website, or indeed this entire website, at DCCconcepts Ltd. discretion.
Should DCCconcepts Ltd. choose to provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
DCCconcepts Ltd. may disable your user ID and password at DCCconcepts Ltd. sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to DCCconcepts Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to DCCconcepts Ltd. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or DCCconcepts Ltd. or a third party (in each case under any applicable law).
DCCconcepts Ltd. reserves the right to edit or remove any material submitted to this website, whether stored on DCCconcepts Ltd. servers, or hosted or published upon this website.
Notwithstanding DCCconcepts Ltd. rights under these terms and conditions in relation to user content, DCCconcepts Ltd. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
We always do our best to make sure that all information and pricing presented on this website is correct however we are only human and despite constant checking and review, errors may happen.
We reserve the right to modify content or correct any such errors at any time without notice. We do also warrant that no consumer or user will be unreasonably disadvantaged by any unintended error, however the presence of any reasonable unintended error in description, specification or price will not convey or imply any related obligation on behalf of DCCconcepts Ltd. or any user of the website in relation to purchase or supply. Therefore this website is provided “as is” without any representations or warranties, express or implied in relation to content. Without prejudice to the generality of the foregoing paragraph, DCCconcepts Ltd. does not warrant that: This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading.
Limitations of Liability
DCCconcepts Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
For any indirect, special or consequential loss; or For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if DCCconcepts Ltd. has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DCCconcepts Ltd. liability in respect of any:
Death or personal injury caused by DCCconcepts Ltd. negligence; Fraud or fraudulent misrepresentation on the part of DCCconcepts Ltd.; or Any matter which it would be illegal or unlawful for DCCconcepts Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, DCCconcepts Ltd. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against DCCconcepts Ltd. officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DCCconcepts Ltd. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DCCconcepts Ltd.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify DCCconcepts Ltd. and undertake to keep DCCconcepts Ltd. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by DCCconcepts Ltd. to a third party in settlement of a claim or dispute on the advice of DCCconcepts Ltd. legal advisers) incurred or suffered by DCCconcepts Ltd. arising out of any breach by you of any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to DCCconcepts Ltd. other rights under these terms and conditions, if you breach these terms and conditions in any way, DCCconcepts Ltd. may take such action as DCCconcepts Ltd. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
DCCconcepts Ltd. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
DCCconcepts Ltd. may transfer, sub-contract or otherwise deal with any and all rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions constitute the entire agreement between you and DCCconcepts Ltd. in relation to your use of this website, and supersede any and all previous agreements in respect of your use of any previous (DCCconcepts related) web presence or website related communication with DCCconcepts Ltd.
Contact
You can contact DCCconcepts Ltd. by emailing web@dccconcepts.com