Terms and Conditions
A. Site Use
  1. Permitted Use
    1.1 Subject to what is said below material from the Site may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of NRP.
    1.2 You agree that you will not use the Site:
    1. for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
    2. in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
    3. for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation or commercial exploitation;
    4. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
    5. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
    6. to transmit or recirculate any material obtained from the Site to any third party;
    7. in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
    8. any way that might bring NRP or Worldrallypics.com into disrepute.
    1.3 NRP shall have the right to refuse to provide you with images and any other publications and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and NRP shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of NRP or its employees) arising from such refusal.
  2. Registration
    Clause 2 shall apply where you register with NRP in order to access and download images, receive any newsletters or other publications by email or by any other means.
    2.1 You confirm that you are at least 18 years of age, or, if under 18, that you are accessing the Site with full parental/guardian consent.
    2.2 You agree to provide true, accurate, current and complete information about yourself as requested by NRP in the Registration Form ('the Registration Information').
    2.3 You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
    2.4 NRP is registered under, and will process your personal data in accordance with, data protection legislation.
    2.5 You hereby agree that the Registration Information (and all updates of the Registration Information) and any other information sent to NRP by you or otherwise obtained by NRP about you ('the Personal Data') may be processed by NRP for the purposes of:
    1. processing your requests;
    2. providing you with information by email or other means;
    3. providing you with information about products and services of NRP and other parties;
    4. providing a personalised service;
    5. maintaining accounts and records;
    6. administering membership records;
    7. conducting statistical analysis and market research surveys;
    8. assessing and evaluating the use that is being made of the Site; and
    9. compiling and administering a database, for assisting in the above.
    2.6 THE PROCESSING OF THE PERSONAL DATA MAY INVOLVE NRP DISCLOSING YOUR DETAILS TO REGULATORY BODIES AND/OR OTHER THIRD PARTIES. If you do not wish your Personal Data to be disclosed in this manner, please make this clear when completing the Registration Form.
    2.7 The Site uses cookies for collecting user information and the data collected in this way may be processed in the same way as other data submitted to NRP (and outlined above) and for the same purposes.
  3. Rights Clearances
    The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by NRP which arise as a result of your failure to obtain such licences and permissions.
  4. Liability
    4.1 While every effort has been taken to ensure the accuracy of the information provided by NRP and its employees on the Site and in any other publications, the contents reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
    4.2 NRP cannot guarantee that your use of the Site and other publications will be free from error and/or uninterrupted. NRP, its officers, employees and representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of NRP or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or any linked Sites or the use thereof.
    4.3 Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to NRP and for ensuring that such content complies with all relevant legislation. NRP accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
    4.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. NRP is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
    4.5 Save unless otherwise stated, NRP makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Site, whether accessed directly or otherwise.
  5. Links
    5.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. NRP is not responsible for the content of these Internet sites.
    5.2 No links from external websites to the Site are permitted without the prior written consent of NRP.
  6. Competitions and Special Offers
    NRP may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.
  7. Viruses
    7.1 While effort has been taken to ensure that the pages of the Site and any other publications are free from viruses, NRP gives no warranties that they are virus-free and users are responsible for ensuring that they have installed adequate virus checking software.
    7.2 NRP excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of NRP or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
    1. the pages on the Site or any linked Internet sites;
    2. any material downloaded from the Site or any linked Internet sites; and
    3. any Publication.
  8. Intellectual Property
    The names, images and logos identifying NRP or third parties and their products and services, are the proprietary marks of NRP, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and NRP reserves all rights to enforce such rights that it might have
  9. Variations
    These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
  10. Severability
    If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
  11. Jurisdiction
    The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.
  12. Company information
    National Rally Productions is a company registered in England and Wales whose registered office is at 36 Beaudesert Road, Birmingham, B20 3TG. The VAT number is GB 486 6082 12
B. Image Use
  1. Definition of terms
    In this Agreement the terms:
    1. 'Image' means any item that may be offered for the purposes of reproduction (including where appropriate a Digital Image);
    2. 'Reproduction' includes any form of publication or copying of the whole or part of any image, altered or not, whether by printing, photography, slide projection, xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction, any internet use or storage by any other means; and
    3. 'We/our/us' refers to Worldrallypics.com, and 'You/your' refers to you and any Client for whom you are acting.
  2. Image ownership and copyright
    2.1 Unless agreed in writing by us prior to use, all images are supplied on LOAN and no property or copyright in any images shall pass to you whether on its submission or on our grant of reproduction rights in respect thereof.
    2.2 Unless agreed in writing by us prior to use, all images must include a copyright and credit line as specified on the licence. Where this is omitted, the reproduction fee paid by you will be subject to an increase of 50%.
    2.3 Unless agreed in writing, you are forbidden from altering, adapting or electronically retouching our copyright images, save where a minimal amount of digital manipulation is necessary in 'pre-press' work, such as minor modifications or enhancements of colours or colour balance, minor reduction or intensification of contrast, or minor retouching.
  3. Reproduction
    3.1 Unless agreed in writing, you are forbidden from altering, adapting or electronically retouching our copyright images, save where a minimal amount of digital manipulation is necessary in 'pre-press' work, such as minor modifications or enhancements of colours or colour balance, minor reduction or intensification of contrast, or minor retouching.
    1. It is licensed by our specific written permission prior to use; and
    2. The agreed fee due to Worldrallypics.com has been paid.
    3.2 Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of agreement, entitling us to rescind the licence and claim damages
    3.3 You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image and you will indemnify us against any claims, damages, costs or expenses arising directly or indirectly from your use of any image we have supplied to you.
    3.4 Reproduction rights when granted, unless otherwise agreed in writing, will:
    1. signify your acceptance of these terms and conditions;
    2. grant non-exclusive reproduction rights for single use only in the United Kingdom, where 'single use' means a reproduction in one size for one edition of a single print or digital publication, published in one language only;
    3. be strictly limited to the use, period of time and territory stated in the licence/invoice, and in accordance with any stipulations or restrictions that may be attached to downloaded images in the IPTC information fields;
    4. be personal to you and not assignable by you to any third party; and
    5. be granted on condition that all fees will be paid no later than 30 days after the licence/invoice date.
    3.5 If you do not pay in accordance with these terms then we may at our option rescind the licensing agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
    3.6 Any licence granted will terminate immediately if you (a) die; (b) enter into voluntary or compulsory liquidation; (c) have a Receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.
    3.7 In the case of printed publications, two copies of the relevant pages containing any picture supplied ('tear sheets') are to be furnished to us by you free of charge within two weeks of publication. In other media evidence of use must be made available when requested.
  4. Jurisdiction
    4.1 Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC.
    4.2 These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.
    4.3 Failure by Worldrallypics.com to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time or times thereafter.
  5. Company information
    Worldrallypics.com is a trading style of MJ Kolczak Training, and is based at Medialogix Limited, 308 The Greenhouse, The Custard Factory, Gibb Street, Birmingham, B9 4AA.
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