ACCEPTANCE OF TERMS THROUGH USE
Brooks Motor Cars (www.brooksfoton.com.au) grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Brooks Motor Cars (www.brooksfoton.com.au) Web Site. Further, Brooks Motor Cars (www.brooksfoton.com.au) grants you a limited, nonexclusive and revocable right to create a hyperlink to the Brooks Motor Cars (www.brooksfoton.com.au) Web Site, provided your link does not portray Brooks Motor Cars (www.brooksfoton.com.au), its affiliates, Brooks Motor Cars (www.brooksfoton.com.au) suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner.
You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONDITIONS AND RESTRICTIONS ON USE
You agree to use this Web Site only for lawful purposes.
You agree that you are responsible for obtaining access to the Web Site, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.
You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that
(i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
(ii) constitutes a breach of any person's privacy or publicity rights;
(iii) violates any statute, regulation or ordinance;
(iv) promotes software or services that deliver unsolicited mail; or
(v) promotes, encourages, or facilitates terrorism or other activities that risk Australia's national security.
You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that
(i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site,
(ii) is knowingly untrue, inaccurate or misleading, or
(iii) interferes with the operation of the Web Site in any manner.
You further agree that you will not:
(a) Impersonate any person or entity, including, but not limited to, a Brooks Motor Cars (www.brooksfoton.com.au) officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
(c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
(d) Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
(e) Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a "bot" or otherwise;
(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);
(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or
(h) Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.
JURISDICTION, VENUE, STATUTE OF LIMITATIONS
If you use this web site from outside Australia, you agree to be solely responsible for compliance with any and all applicable local laws of the jurisdiction from which you use this web site.
Brooks Motor Cars (www.brooksfoton.com.au) will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Brooks Motor Cars (www.brooksfoton.com.au) materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
CLAIMS AND OTHER DISPUTES
If you notify Brooks Motor Cars (www.brooksfoton.com.au) of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, User Content and other material on Brooks Motor Cars (www.brooksfoton.com.au) Web Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, Brooks Motor Cars (www.brooksfoton.com.au) may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Brooks Motor Cars (www.brooksfoton.com.au) Web Site. Brooks Motor Cars (www.brooksfoton.com.au) may disclose any Content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Brooks Motor Cars (www.brooksfoton.com.au) Web Site; or
(iii) to protect the rights or property of Brooks Motor Cars (www.brooksfoton.com.au) and its officers, directors, employees, agents, third-party content providers, Brooks Motor Cars (www.brooksfoton.com.au) Suppliers, sponsors, and licensors and any other user.
LIMITATION OF LIABILITY
Your use is at your own risk and none of the parties involved in creating, producing, or delivering or operating this web site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly,
(1) through the access to, use of, or browsing of this web site or
(2) through your downloading of any materials, data, text, images, video or audio from this web site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
Notwithstanding the fact that Brooks Motor Cars (www.brooksfoton.com.au) or other parties involved in creating, producing, or delivering this Web Site may monitor or review transmissions, postings, discussions, or chats, Brooks Motor Cars (www.brooksfoton.com.au) and all parties involved in creating, producing, delivering or operating this Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
LINKS TO OTHER WEB SITES
Although this Web Site may be linked to other web sites, Brooks Motor Cars (www.brooksfoton.com.au) is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein.
Brooks Motor Cars (www.brooksfoton.com.au) is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web sites. Brooks Motor Cars (www.brooksfoton.com.au) does not assume any responsibility or liability for the actions, Products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any web site which you access through a link from this Web Site.
Your linking to any other off-site pages or other web sites is at your own risk.
This web site, and the information and any content contained herein are provided "as is" and "as available," without warranty or condition of any kind, either express or implied. Without limitation of the foregoing, Brooks Motor Cars and its affiliates, subsidiaries, agents and their respective employees, contractors, directors, officers, and shareholders, specifically disclaim any and all warranties, including, but not limited to:
(i) any warranties concerning the availability, accuracy, integration, appropriateness, reliability, completeness or timeliness, usefulness, arising from trade usage or course of dealing or course of performance, or otherwise of this web site or the site content thereon;
(ii) any warranty that this web site and Brooks Motor Cars other web sites will be secure, uninterrupted, not delayed or suspended, unchanged or error free; and
(iii) the implied warranties of quiet enjoyment, merchantability, merchantable quality, fitness for a particular purpose, fitness for licensee's purpose, title, informational content, non-interference and non-infringement. Brooks Motor Cars makes no representations that the materials contained within this web site are appropriate for locations outside australia. If you use this web site from locations outside australia, you are responsible for compliance with any and all applicable local laws of the jurisdiction from which you access this web site, including without limitation, the export and import regulations of other countries.