LEGAL: Terms and Conditions

Welcome to Exclusive Prototype Models. Website Terms and Conditions (the "Terms and Conditions") which apply to your use of this Website. By accessing this Website, you agree to be bound by these Terms and Conditions. This Website is provided for the benefit of residents of all countries worldwide.

If you do not agree to be bound by these Terms and Conditions, you may not use or access this Website and we reserve the absolute right to restrict or prevent access.

Definitions:

"User (s)" means (a) user (s) of this Website either individually or collectively, in the context required: save for in connection with personal data , which shall only relate to living individuals: "Personal Data" shall have the same meaning set out in applicable Data Protection legislation and it shall consist of any personal details by you via The Website; "We/Us/Our/Ourselves" means Exclusive Prototype Models; "Website" means the Website located at domain www.exclusiveprototypemodels.com or any subsequent URL which may replace it; and, "you/your" shall mean you as a user of this Website.

Access to This Website:

We will provide you with access in accordance with these Terms and Conditions

Your Responsibilities and Obligations:

You:

Agree not to use this Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws
Agree not to upload or transmit through this Website any material which is defamatory, offensive, or of an obscene or menacing nature or that may be deemed to cause annoyance, needless anxiety or inconvenience.
Agree not to upload or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Agree not to create and/or publish a hypertext link to any part of this Website or attempt any unauthorized access to any part or component of this Website.
Agree not to use this Website in a way that may cause it (The Website) to be interrupted, damaged, rendered less efficient or such that the overall effectiveness and/or functionality of this Website is in any way impaired.
Agree that in the event that you have any right, claim, or action against any User (s) arising out of that User's use of this Website, then you will pursue such right, claim or action independently of and without recourse to ourselves.
Agree not to use this Website in any manner or form which violates or infringes the rights of any person (s), firm or company (including but not limited to) rights of intellectual property, rights of confidentiality or rights of privacy

Our own Rights:

We reserve the right to:

Change these Terms and Conditions (from time to time), and your continued use of This Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. Any such changes shall come into effect immediately once posted, therefore, it is your responsibility to regularly check and determine whether these Terms and Conditions have been amended /changed. If you do not agree to any change to these Terms and Conditions then you must immediately refrain from using this Website.
Modify or withdraw, permanently or temporarily, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this Website.
We will use our reasonable endeavours to maintain this Website. This Website is subject to change (from time to time). You will not be eligible for any compensation in the event that you are unable to use any part of this Website and/or because of a failure, suspension or withdrawal of all or part of this Website due to circumstances outside of our control.

Indemnity:

You agree to be fully responsible for and fully indemnify us against any/all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by ourselves and arising out of any breach of the Terms and Conditions or any other laws, regulations and rules by you and/or any agents/representatives acting on your behalf, or any other liabilities arising out of your use of this Website; or the use by any other person accessing this Website using your PC or internet access account. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any intellectual property right) . We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters arising. You agree that you will fully cooperate with us in any such defences.

Monitoring:

We reserve the right, but not the obligation, to monitor any/all activity and content associated with the function of this Website. We may investigate any reported violation of these Terms and Conditions or other complaints and take any necessary action that we deem appropriate(which may include , but is by no means limited to, issue warnings, terminating, suspending or attaching conditions to your access and/or removing any materials/content from this Website.

Notices:

You may, at any time, forward us notices under or in connection with these Terms and Conditions: In the first instance, by post to...

Exclusive Prototype Models

Riverside
Bury Road
Brockley
Bury St Edmunds
Suffolk IP29 4AH
United Kingdom

Or by email: colin@exclusiveprototypemodels.com

As "proof of sending" does not constitute or guarantee our receipt of your notice (s), it is your responsibility to ensure that you have received an acknowledgement from us, which will reasonably be sent within 5 working days of our receipt and further, that you retain this receipt

Links with/to Third Parties:

We may, from time to time, look to provide "links" to other Websites or resources in a genuine effort to bring increased value to our User (s). You acknowledge and agree that we are not responsible nor are we liable for the availability of such external Websites, locations or resources and , in turn, neither do we endorse and are not liable or responsible , directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such Websites, including (without limitation) any advertising, products or other materials or services on or available on/from such Websites or resources, nor for any damage, loss or offence caused or alleged to be caused by , or in connection with , the use of or reliance upon any such content, goods or services available on such external Websites or resources.

Right of Use and Intellectual Property Rights:

You herein acknowledge and agree that any/all copyright, trade marks and all other intellectual property rights content or material supplied to or as part of this Website by ourselves (including without limitation...sound, software, including code, website structure and interface, web pages, images, text, photography and graphical images, video, dvd, cd-rom, together with the look, feel, design and compilation thereof) shall remain at all times vested in ourselves or our licensors. You are only permitted to use this content/material as expressly authorized by us and only in writing from us and except as provided in these same Terms and Conditions. Use of this Website in no way grants you any right, title, interest or license to any such intellectual property accessed by way of this Website. Except as provided in these Terms and Conditions any use or reproduction of the intellectual property is strictly prohibited.
You may download material and/or content contained within this Website on to the hard drive of one computer only.
You may not separate for use any graphics from accompanying text on this Website.
You may not modify graphics, content, documents or text on this Website.
You acknowledge and agree that our copyright notice and this permission notice appear in all copies.
You agree that such material and/or content contained within the Website is made available to you for your personal, non-commercial use on the aforegoing basis.
Any other use of the content or material of this Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) reproduce, copy, publish, transmit, distribute, display, commercially exploit or create derivative works of such content or material.
If you breach any of these Terms and Conditions, your permission to use this Website is automatically terminated and you must immediately destroy any/all download or printed extracts from this Website.

Your Data and us:

We respect your personal data and undertake to comply with applicable EU and UK Data Protection legislation from time to time as may be in force...

You should, however, be aware that:

Should we be requested to provide details in full or in part of your personal data and/or information concerning your activities whilst using this Website we shall do so ...but only to the following bodies: the police, upon receipt of a court order, or other regulatory or government authority investigating suspected illegal activities.
If you agree, we may sell your contact and preference details to reputable third parties to enable them to send you information they think may be of interest to you. These third parties may be located in countries that do not have laws to protect your personal data. Details of the third parties and the countries receiving your personal data will be provided on request.
We reserve the right and at our reasonable discretion to disclose details of your usage of our Website in relation to any, or any threatened, court proceedings in connection with your continued use, or the use of anyone under your control, of this Website whether in connection with the matters set out in these Terms and Conditions or otherwise.
Please refer to the top of each of our Website pages to review our Privacy Policy which forms part of these Terms and Conditions.

Limitation of Liability:

Whilst we will always seek to use all reasonable endeavours to verify the accuracy of any information we place on this Website, we make no warranties, whether express or implied, in relation to accuracy. In particular, you agree that any color appearing on this Website is because of the way computers are set up, not necessarily an accurate representation of the color it purports to portray. You will not hold us responsible if the information is not accurate. Furthermore, the material and information on this Website may be out of date and we make no commitment to update such material or information.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible or liable for the security or privacy of this Website and any/all of the information provided to or taken from it (the Website) by you.
We will not be liable in contract, tort (including, without limitation, negligence)pre-contract or other representations (other than fraudulent misrepresentations)or otherwise out of or in connection with this Website or products or services offered on this Website whether by ourselves or on our behalf (including free software downloads) for:
Any economic losses (including, without limitation loss of revenues, profits ,contracts, business or anticipated savings): or
Any loss of goodwill or reputation: or
Any special or indirect or consequential losses: in any case whether or not such losses were within the contemplation of either ourselves at the date on which the event giving rise to the loss occurred.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to this Website through a third party's hyper-text link.
This Website is provided on an "as is" and "as available " basis without any conditions, warranties or other representations or endorsements of any kind. Unless specified in separate Terms and Conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to this Website, or products or services offered on this Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, the use of reasonable skill and care, non-infringement, compatibility, security, accuracy condition or completeness, or any implied warranty arising from course of dealing , usage or trade.
Unless specified in separate Terms and Conditions related to a particular product or service , we make no warranty that this Website or products or services offered on this Website whether by ourselves or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error -free, that defects will be corrected, or that this Website or the Server that makes it available or products or services offered on this Website whether by ourselves or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from this Website.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under United States Law.

All material contained in this Website is only provided for the purpose of giving information about Exclusive Prototype Models and services available. Any purchase or other transaction in relation to any products or services provided by Exclusive Prototype Models will be subject to contractual terms. None of the material of this Website is or is intended to be an offer for sale or supply of any goods or services which is capable of acceptance.

Nothing in The Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
Nothing shall be construed as a waiver by ourselves of any preceding or succeeding breach of any provision of these Terms and Conditions.

Entire Agreement:

These Terms and Conditions (as amended from time to time ) including the Privacy Policy , constitute the entire agreement between you and ourselves relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and ourselves in relation to such matters. No oral explanation or oral information given by either of us shall after the interpretation of these Terms and Conditions. You confirm that , in agreeing to accept these Terms and Conditions , you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been incorporated into these Terms and Conditions save that your agreement contained in this provision shall not apply in respect of any fraudulent misrepresentation whether or not such has been incorporated into these Terms and Conditions. The failure by us to exercise or enforce right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.

The Law:

The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of England....whose Courts will have jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.