1 INTRODUCTION
1.1
Welcome to our media website (“Media Site”). The Media Site is provided to you by Aston Martin Lagonda Limited, a company registered in England and Wales at Companies House (“Aston Martin”, “us”, “we” or “our”). Our registered office is at Banbury Road, Gaydon, Warwick CV35 0DB England and our registered number is 01199255. Our VAT number is 904447237.
1.2
Please read these terms and conditions (“Terms”) carefully - they set out the basis on which you are allowed to use our Media Site. If you have any questions about them please contact our Marketing and Communications department using the Contact page on the Media Site. If after discussion you do not agree with these Terms please do not proceed to use the Media Site.
1.3
In addition to these Terms, your use of our Media Site is also subject to our general Website terms and conditions and may also be subject to other terms and conditions and policies which are referred to below.
1.4
You should save and/or print out a copy of these Terms for your future reference.
1.5
Reference in these terms and conditions to “Materials” means any literary and/or artistic work available to download from this Media Site in whatever form (including digital form) including without limitation any text, photographs, work of drawing, audio production, film production, musical composition, or other compilation of data to the extent such compilation is protected as a copyrightable work.
2 AGREEMENT TO USE
2.1
By proceeding to view, download or use the Materials, you are automatically accepting these Terms through conduct.
2.2
As the user of our Media Site (“users” “you” “your” and “yourself”), you can use our Media Site to access Materials solely for your own personal non-commercial use and/or your own editorial use, subject always to these Terms. Without limitation and for the avoidance of doubt you may not use the Materials for any other commercial purpose.
3 INTELLECTUAL PROPERTY RIGHTS
3.1
Our Media Site and all Materials are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Aston Martin or are licensed to us from their respective owners or licensors.
3.2
You may only view, print out and use the Media Site and the Materials as set out in the clauses below. We expressly reserve all Rights in and to the Media Site and the Materials and use of the Media Site and Materials is subject to the following restrictions. You must not:
a. remove any copyright or other proprietary notices contained in the Materials;
b. use any Materials from our Media Site in any manner that may infringe any of our Rights or the Rights of a third party; or
c. reproduce, modify, adapt display, perform, publish, distribute, disseminate, broadcast, frame, communication to the public or circulate to any third party or exploit our Media Site in any way, other than as specifically set out in these Terms;
3.3
Any use of the Media Site or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Media Site or the Materials accessible on it.
3.4
Any use of the Media Site or the Materials under these Terms is non-exclusive, personal, and royalty free; and is given without warranty of any kind.
3.5
Images may be downloaded in low- or high-resolution mode.
4 USE OF OUR MEDIA SITE
4.1
No modifications or adaptations of any Materials by users is permitted. Any modifications and or adaptions of the Materials is subject to the prior written consent of Aston Martin, please contact Aston Martin using the Contacts page on the Media Site with any request.
4.2
You are granted access permission to our Media Site on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for ensuring that all persons accessing our Media Site through your internet connection are aware of these Terms.
4.3
You may only use the Materials in accordance with the scope of use as set out in these Terms or as may be advised by Aston Martin from time to time, and not further or otherwise, including without limitation, in respect of notices, credits, amendments or removal.
4.4
Your use of the Materials may not:
a. encourage or condone anti-social behaviour;
b. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
c. be illegal or infringe the Rights of any third party, in any country in the world; and
d. be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.5
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Media Site except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
4.6
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
4.7
You acknowledge that we cannot guarantee that our Media Site will:
a. stay the same as we might change or remove it or make access to it subject to registration or charges;
b. be compatible with all or any hardware or software which you may use;
c. be available all the time or at any specific time;
d. be accurate and up to date; or
e. be error-free or free of viruses, electronic bugs, Trojan horses, worms, logic bombs or other harmful components and you must take your own precautions accordingly.
4.8
You also acknowledge that:
a. we cannot guarantee the speed or security of the Media Site; and
b. we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Media Site to the fullest extent permissible by law; and
c. pursuant to clause 3.4 use of the Media Site and/or Materials is without warranty of any kind.
4.9
If you breach any of these Terms, or any of the other terms and policies referred to in these Terms, your ability to access and use your access to the Media Site may be terminated by us immediately.
4.10
We may withdraw your access to the Media Site and/or the Materials at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible in law.
5 VARIATIONS
5.1
We may from time to time vary these Terms and/or the terms and policies referred to in these Terms. Please check our terms and policies regularly to ensure you are aware of any variations we may make. If you continue to use our Media Site, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use our Media Site.
6 YOUR PRIVACY
6.1
The privacy of your personal data is important to us. Please see our PRIVACY POLICY, which forms part of these Terms, for details of how we will process your personal data.
7 OUR USE OF COOKIES
7.1
This Media Site uses cookies. Please see our COOKIE POLICY, which forms part of our Terms, for further details.
8 TAKE DOWN PROCEDURE FOR MATERIALS
8.1
If you have good reason to believe that any Materials used by other users do not comply with these Terms, then you should notify us by emailing us via the Contact page on this Media Site.
8.2
In the event that we receive notification that Materials posted by you may not comply with these Terms, we will endeavour to investigate promptly. Whilst we are investigating, we reserve the right to immediately suspend your access to the Media Site and the Materials.
9 TRADEMARKS
9.1
We reserve all Rights in and to the www.astonmartin.com and the https://media.astonmartin.com domain names and all related domains and sub-domains, the name “Aston Martin”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Media Site. Other trademarks, products and company names mentioned on the Media Site may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
9.2
Nothing in these Terms should be construed as granting any licence or right to use any such trademark or domain name.
10 OUR LIABILITY TO YOU
10.1
We are only liable to you in connection with your use of our Media Site for losses which you suffer as a direct result of our breach of these Terms. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
10.2
In the event that you believe such Materials infringe any Rights, or are illegal, then you should use the functionality on the Media Site to flag such alleged infringement so that we may investigate.
10.3
We do not exclude our liability (if any) to you for:
a. Personal injury or death resulting from our negligence;
b. Fraud or Fraudulent misrepresentation; or
c. Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
11 YOUR LIABILITY TO US
11.1
You acknowledge that any use by you of the Materials in a manner not expressly permitted by these Terms may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
11.2
You hereby agree to compensate Aston Martin, its group companies, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
a. your breach of these Terms; and/or
b. your use of the Materials.
12 ENQUIRIES AND COMPLAINTS
12.1
If you have an enquiry or complaint about this Media Site, you should contact our Marcom department at Marketing Communications, Aston Martin Lagonda Limited, Banbury Road, Gaydon, Warwick CV35 0DB or via the Contacts page on this Media Site and we will try to answer your enquiry or resolve any complaint as soon as possible.
13 GENERAL PROVISIONS & APPLICABLE LAW
13.1
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
13.2
If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.
13.3
Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
13.4
The English Courts will have exclusive jurisdiction over any claim arising from or related to this Media Site. English Law will apply to these Terms.
13.5
The Materials contained on our Media Site may not satisfy legislative requirements in countries outside the UK. If you choose to access our Media Site from outside the UK you are responsible for ascertaining to what extent local laws are applicable and compliance with such laws.