ATTENTION: These terms apply to the entire contents of the Website under the domain name www.bromptons.co and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use the Website. This notice is issued by Brompton’s Auctioneers Limited of The Royal Institution, 21 Albemarle Street, London W1S 4BS (We or Brompton’s).
You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register with us.
By accessing any part of the Website, you shall be deemed to have accepted these terms in full.
These terms form a legally binding agreement between you and Brompton’s in relation to your use of the Website. It is important that you take the time to read them carefully.
If you do not accept these terms in full, you must leave the Website immediately.
The terms apply to all users of the Website, including users who are also contributors of Content, on the Website. "Content" includes the text, software, files, images, scripts, graphics, photos, sounds, music, musical works, videos, audiovisual combinations, and other materials you may view on, access through or transmit, submit display or publish on the Website.
Changes to these terms
You are permitted to access and use the Website for your own use on the following basis:
- (a) you agree not to alter or modify any part of the Website in any way except as permitted herein;
- (b) you agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Brompton’s or the respective licensors of the Content.
- (c) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Website or the content accessible via the Website;
- (d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Brompton’s servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- (e) you agree not to collect or harvest any personal data of any user of the Website or any Website (and agree that this shall be deemed to include Brompton’s account names);
- (f) you agree not to use the Website or the Websites for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- (g) you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content
If you breach any of these terms your permission to use the Website automatically terminates.
Proprietary Rights to Website Content
Unless otherwise stated, the copyright and other intellectual property rights in Content on the Website are owned by Brompton’s or its licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without Brompton’s prior written permission. Any rights not expressly granted in these terms are reserved.
Proprietary Rights to Your content
- 6.1 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Brompton’s and other users of the Website.
- 6.2 If you upload or post Content on the Website you grant Brompton’s a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Website including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats.
- 6.3 If you upload or post Content on the Website you grant users of the Website a worldwide, non-exclusive, royalty-free licence to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Website and under these terms.
- 6.4 Brompton’s shall have no obligations with respect to the Content. Brompton’s and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Brompton’s does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Brompton’s expressly disclaims any and all liability in connection with Content.
- You represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable Brompton’s to use your Content for the purposes of the provision of the Website by Brompton’s, and otherwise to use your Content in the manner contemplated by the Website and these terms.
- You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Brompton’s to use or possess in connection with the provision of the Website.
You are prohibited from posting or transmitting to or from the Website any Content:
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or promotes an illegal or unauthorised copy of another person’s copyrighted work; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, bots, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
Brompton’s shall fully co-operate with any law enforcement authorities or court order requesting or directing Brompton’s to disclose the identity or locate anyone posting any Content in breach of clause 6.1 or clause 6.2.
We reserve the right to investigate and take appropriate legal action against anyone who, in Brompton’s sole discretion, posts or transmits Contents in breach of clause 6.1 or clause 6.2 including without limitation removing the offending Content from the Website, terminating the membership of such violators and/or reporting the Content or activities to law enforcement authorities.
Brompton’s respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Brompton’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been copied and posted on or through the Website in a way that constitutes copyright infringement, please send Brompton’s a notification of claimed infringement with all of the following information:
- (a) identification of the copyrighted work claimed to have been infringed, or, a list of such works;
- (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website;
- (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- (d) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- (e) a statement by you that the above information in your notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf; and
- (f) your physical or electronic signature. Please send such notification to us electronically at email@example.com
Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Brompton’s has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Brompton’s therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the Brompton’s logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not in any way imply that Brompton’s is endorsing any products or Websites other than its own;
- you do not misrepresent your relationship with Brompton’s nor present any other false information about Brompton’s;
- you do not otherwise use any Brompton’s trade marks displayed on the Website without express written permission from Brompton’s;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Brompton’s expressly reserves the right to revoke the right granted in clause 9.2 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify Brompton’s for any loss or damage suffered by Brompton’s for breach of clause 9.2.
To access some areas of the Website or use certain elements of the Website, you will have to create an account with us. When creating your account, you must provide accurate and complete information.
Each registration is for a single user only. Brompton’s does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
You agree to notify us immediately of any breach of security or unauthorised use of your Brompton’s account that you become aware of, or suspect.
You agree that you will be solely responsible for all activity that occurs under your Brompton’s account. In particular you will be responsible for any Content that you contribute to the Website, so it is important that you choose your Content carefully.
While Brompton’s endeavours to ensure that the Website is normally available 24 hours a day, Brompton’s shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Brompton’s control.
While Brompton’s endeavours to ensure that the information on the Website is correct, Brompton’s does not warrant the accuracy and completeness of the Content on the Website. Brompton’s may make changes to the Content of the Website at any time without notice. The Content of the Website may be out of date, and Brompton’s makes no commitment to update such material.
The Content of the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Brompton’s provides you with the Website on the basis that Brompton’s excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms, might have effect in relation to the Website.
Brompton's, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Brompton’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading or uploading of any Content from or to the Website or any websites linked to the Website.
Nothing in these terms shall exclude or limit Brompton’s liability for:
- (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
You may not use the Website and we may delete your account without consulting you if:
- (a) we believe that you are under 18 years of age, or
- (b) if we believe that you are under 18 years of age and you represent yourself as 18 or older, or
- (c) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
These terms constitute the whole legal agreement between you and Brompton’s and govern your use of the Website and completely replace any prior agreements between you and Brompton’s in relation to the Website.
You agree that if Brompton’s does not exercise or enforce any legal right or remedy which is contained in these terms (or which Brompton’s has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brompton’s rights and that those rights or remedies will still be available to Brompton’s.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from these terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.
Thank you for using our Website.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Issue Date: July 2010