Using the Website indicates that you have read, understood, accept and agree to comply with the Terms (regardless of whether or not you choose to register with us). The Terms apply to all users of the Website, including users who use any service on the website, participate in any competitions and are contributors of video content, information and other materials or services to Carlin.
You may not access and use the Website unless you accept and agree to the Terms. You understand and agree that Carlin will treat your use of the Website as acceptance of the Terms. If you do not accept the Terms, please leave the Website immediately. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with Carlin, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
Carlin may, at its discretion, make changes to the Terms from time to time. When these changes are made, Carlin will make a new copy of the Terms available here. You understand and agree that if you use the Website after the date on which the Terms have changed, Carlin will treat your use as acceptance of the updated Terms.
Carlin operates a zero-tolerance copyright policy in relation to any materials provided by you that are alleged to infringe the copyright of a third party. As part of Carlin's copyright policy, Carlin will terminate user access to the Website if your use of the Website or any materials provided by you are suspected to or have been determined to infringe copyright.
All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed to Carlin, and is subject to copyright, trade mark rights, and other intellectual property rights of Carlin or Carlin's licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners. Carlin reserves all right in and to this content. The content of the Website may not be downloaded, copied, reproduced, modified, stored, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose in any medium whatsoever without explicit prior written consent of Carlin.
Nothing in the Terms shall affect any statutory rights to which you are always entitled as a consumer and that you cannot contractually agree to alter or waive. However, you acknowledge that the Website is provided "as is" and "as available". Carlin makes no warranty or representation, express or implied, to you with respect to the Website to the fullest extent permitted by law. In particular, Carlin does not represent or warrant to you that:
(i) your use of the Website will meet your requirements;
(ii) your use of the Website will be uninterrupted, timely, secure or free from error;
(iii) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (iv) defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
(i) Any indirect or consequential losses including but not limited to loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation;
(ii) Any loss or damage which may be incurred by you as a result of:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
b. any changes which Carlin may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
c. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website; or d. your failure to keep any passwords or account details secure and confidential.
The Terms constitute the whole legal agreement between you and Carlin and govern your use of the Website and replace any prior agreements between you and Carlin in relation to the Website.
You agree that if Carlin does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Carlin has the benefit of under any applicable law) this will not be taken to be a formal waiver of Carlin's rights and that those rights or remedies will still be available to Carlin. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms.
The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Carlin is a party shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them under the Contracts (Rights of Third Parties) Act 1999. Other than this, no other person or company shall be a third party beneficiary of the Terms.
The Terms, and your relationship with Carlin under the Terms, shall be governed by English law.
You and Carlin agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Carlin shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.