MOTORHOMEFUN TERMS AND CONDITIONS

The following terms and conditions govern all use of the MotorhomeFun.co.uk website and all content, services and products available at or through the website, including, but not limited to, MotorhomeFun.co.uk Forum Software, MotorhomeFun.co.uk Support Forums and the MotorhomeFun.co.uk Hosting service and shop, (taken together, the Website).

The Website is owned and operated by Jasmin Network Ltd The founders, directors and shareholders are AJ Brown and SR Brown and hereafter in this document shall be referred to as MotorhomeFun. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MotorhomeFun’s Privacy Policy.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Motorhomefun, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Exclusion

Motorhomefun reserves the right to immediately cancel a membership, at any time without prior notice and without explanation. However, if you are excluded then we will endeavour to ensure you know the reasons why. Exclusions are final there is no appeals process. It is at MotorhomeFun’s discretion whether membership fees are refunded.

Content on the website

The Content on this website is not pre-moderated or approved. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. With over three million discussions; thousands of posts are made every day and motorhomefun may not monitor or control the Content posted via the website and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

The views expressed in any post or Private Message on MotorhomeFun are those of the member who submitted them and not the views of MotorhomeFun or its owners. We make every effort, to react swiftly to remove any inappropriate content, either through discovery by MotorhomeFun administrators or through a request from any motorhomefun member or any third party.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MotorhomeFun or it’s owners be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website or broadcast elsewhere.

Your MotorhomeFun Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify MotorhomeFun of any unauthorised uses of your account or any other breaches of security. MotorhomeFun will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may close your account at any time, but if you leave voluntarily you agree that any previously paid membership fees are forfeit.

Responsibility of Contributors

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to notify us immediately of any unauthorised use or your registration, user account or password. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;

• your content is not named in a manner that misleads your readers into thinking that you are another person or company; and

• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MotorhomeFun or otherwise.

User Submitted Content and Copyright

Copyright: This Web site and its contents are copyright MotorhomeFun, all rights reserved. Reproduction of all or any part of the contents in any form is prohibited. No part of the site may be distributed or copied for any commercial purpose without express approval.

Submissions to MotorhomeFun: We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the site (collectively, “submit”) messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). We have the right to publish, edit or reject any User Content that you send us either via email, via the site or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to you – unless we have specifically agreed otherwise in writing prior to submission.

By submitting your user content to us, simultaneously with such posting you automatically grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as MotorhomeFun, in its sole discretion, deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.

Subject to the rights and license you grant to us under these Terms of Use you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.

You agree that you will not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:

violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable;
contains a formula, instruction, or advice that could cause harm or injury;
the licensed use by us hereunder would result in us having any obligation or liability to any party.

We rely on you to present us with User Content that contains accurate and factual material. We assume no responsibility for the accuracy of information provided on MotorhomeFun.

Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

Data protection and information gathering:

Our Privacy Policy sets out how MotorhomeFun uses and protects any information you give us when you use this website. As a rule, we don’t disclose any personal information to third parties, unless we have your permission or are specifically required to by law. However, on rare occasions where there appears to be a clear need to safeguard the welfare of a Motorhome Funster and/or his/her family, it may be necessary to contact relevant authorities about a clearly identifiable member and his/her posts on MotorhomeFun.

Affiliate Advertising: MotorhomeFun may display some affiliate marketing links, which means we earn a commission on sales of some products when users click through a link from the site. These links can be on the web page or in our newsletters and magazines. Our editorial content is NOT influenced by affiliate partnerships. You should assume all links are affiliate links.

Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilising an optional paid service or upgrade, you agree to pay MotorhomeFun the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal

Some subscriptions auto renew. Unless you notify MotorhomeFun before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

Services

Optional Hosting and Support services may be provided by MotorhomeFun under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

Responsibility of Website Visitors

MotorhomeFun has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MotorhomeFun does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MotorhomeFun disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MotorhomeFun.co.uk links, and that link to MotorhomeFun.co.uk. MotorhomeFun does not have any control over those non-MotorhomeFun.co.uk websites and webpages, and is not responsible for their contents or their use. By linking to a non-MotorhomeFun.co.uk website or webpage, MotorhomeFun does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MotorhomeFun disclaims any responsibility for any harm resulting from your use of non-MotorhomeFun.co.uk websites and webpages.

Copyright Infringement.

As MotorhomeFun asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MotorhomeFun.co.uk violates your copyright, let us know. MotorhomeFun will respond to all requests including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MotorhomeFun will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MotorhomeFun or others. In the case of such termination, MotorhomeFun will have no obligation to provide a refund of any amounts previously paid to MotorhomeFun.

Intellectual Property

This Agreement does not transfer from MotorhomeFun to you any MotorhomeFun or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MotorhomeFun. MotorhomeFun.co.uk, theMotorhomeFun.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with MotorhomeFun.co.uk, or the Website are trademarks or registered trademarks of MotorhomeFun or MotorhomeFun’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MotorhomeFun or third-party trademarks.

MotorhomeFun reserves the right to display advertisements on or around your content.

Changes

MotorhomeFun reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MotorhomeFun may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

MotorhomeFun may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MotorhomeFun.co.uk account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. MotorhomeFun and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MotorhomeFun nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will MotorhomeFun, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MotorhomeFun under this agreement during the twelve (12) month period prior to the cause of action. MotorhomeFun shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the MotorhomeFun Privacy Policy, Community Rules, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless MotorhomeFun, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

Conversations between members are not public. However, motorhomefun reserves the right to examine these conversations should it be considered that site rules are being broken. For this reason, you should assume that messages may be read and you agree to them being read. If you do not agree to conversations being seen by a third party then do not use the conversation system.

This Agreement constitutes the entire agreement between MotorhomeFun and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of MotorhomeFun, or by the posting by MotorhomeFun of a revised version. You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction of England and Wales UK. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and laywers’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MotorhomeFun may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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EDIT 2nd February 2022. – Clarified in paragraph 2 that Jasmin Network Ltd is the sole owner of MotorhomeFun

EDIT 26th September 2019. Added text to paragraph ‘Intellectual Property’

“Your use of the Website grants you no right or license to reproduce or otherwise use any MotorhomeFun or third-party trademarks”.

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