1. Acceptance of terms: This is a Website of the De Luca West. Use by you of this Website and any other websites operated by the De Luca West to which this Website is linked (the “De Luca West Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other De Luca West Site or the Servers (including, without limitation, all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a De Luca West Site.

2. Content: The copyright in the material contained on, in, or available through this Website or any other De Luca West Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to the De Luca West. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.

The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other De Luca West Site or Server are registered and owned by or licensed to the De Luca West. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the De Luca West. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to the De Luca West. None of the Material may be used for any commercial or public use.

Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of the De Luca West.

3. Link to third parties: This Website and other De Luca West Sites or Servers may contain links to websites operated by third parties (“Third Party Websites”). The De Luca West does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.

4. De Luca West privacy policy: If you provide information to the De Luca West on or through this Website or any other De Luca West Site or Server, the De Luca West will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or any other De Luca West Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

5. Disclaimer/liability: Use of this Website, any other De Luca West Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content is at your own risk. To the maximum extent permitted by law:

(a) The De Luca West disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other De Luca West Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other De Luca West Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between the De Luca West and you, hereby excluded. The De Luca West will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other De Luca West Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other De Luca West Site or Server or Third Party Website, whether by the De Luca West or on its behalf, for any:

economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect or consequential loss.

If the De Luca West is liable to you directly or indirectly in relation to this Website, any other De Luca West Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other De Luca West Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for the De Luca West granting you membership to this Website or any other De Luca West site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of the De Luca West or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by the De Luca West from its offices in the UK. The De Luca West makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any De Luca West Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

6. Access restriction: The De Luca West reserves the right in its sole discretion to deny you access to this Website or any other De Luca West Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with the provisions of these Terms and Conditions.

7. General: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and the De Luca West concerning your use of this Website or any other De Luca West Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral, between you and the De Luca West in relation to such matters.

The De Luca West reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of the De Luca West.

These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of the De Luca West, to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

De Luca West’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the De Luca West in writing.

Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and the De Luca West.