Terms and Conditions
LUMINAR WEBSITE TERMS AND CONDITIONS
Welcome to this website. Please read these Terms & Conditions carefully.
ACCEPTANCE OF TERMS
These are the terms and conditions ("Terms and Conditions") of Luminar Leisure Limited, Luminar House, Deltic Avenue, Milton Keynes, Buckinghamshire, MK13 8LW, Company No. 2188184. Please read these terms carefully, they set out the basis on which you are allowed to use this web site ("the Site"), the information contained within it and our services. They protect you as a user of the Site and prevent the Site from being used for any illegal or unauthorised purposes.
Registration and use by you of this Site and any other websites operated by Luminar and its group companies to which this Site is linked (the "Luminar Sites") constitutes your acceptance of the following terms and conditions and any other terms and conditions contained on, in or available through a Luminar Site (including the Privacy Policy) {error}. If you do not wish to be bound by these terms you should not complete the registration process or use the Luminar Sites. You may be required to agree to additional terms if you sign up for additional services, including any conditions of sale for any purchases made through this site or the “Luminar Sites” and these will be made available to you at the time.
This Site is intended for use by you only if you are 18 years of age or older.
1. LUMINAR CONTENT
The copyright in the material contained on, in, or available through this Site or any other Luminar Site 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 Luminar or its group companies. 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 Site or any other Luminar Site are registered and/or owned by or licensed to Luminar or its group companies.
You are permitted to print or download to a local hard disk extracts of the Material (including the Trade Marks) for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Luminar or its group companies. None of the Material may be used for any commercial or public use.
You may not reproduce part or all of the contents of the Site in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Site in any form (whether hard copy, electronic or other).
You may not frame or link to the Site or any other Luminar Sites or any part of it without our express permission.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Trade Marks or 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 Luminar or the relevant group company.
2. CONTENT SUBMITTED TO THE WEBSITE
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to public areas of this Site. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to this Site or any other Luminar Site or otherwise transmitted through this Site or any other Luminar Site by any visitor to this Site is referred to as “Content”.
Luminar shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content and/or to remove or suspend the whole or any part of the Site without notice and without incurring any liability.
Without limiting the foregoing, Luminar shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through this Site or any other Luminar Site and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Luminar receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of this Site or any other Luminar Site (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through this Site or any other Luminar Site) you are wholly responsible for it. You hereby:
(a) grant Luminar and its group companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the world; and
(b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the world.
3. LINK TO THIRD PARTY WEBSITES
Any link (be it a hypertext link or other referral device) used on this Site and other Luminar Sites (including without limitation any forum areas) is provided solely for the use and convenience of the visitor. Luminar does not have any influence or control over any websites to which a link is provided which are operated by third parties (" Third Party Websites") and, unless otherwise stated, is not responsible for and does not endorse or recommend 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. Luminar does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
4. YOUR CONDUCT
You agree that when using the Site or any other Luminar Site you will not:
4.1 Upload, post or otherwise transmit Content which contains software or other material which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another's privacy or contains any illegal content; or
4.2 harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Site or any other Luminar Site or server or any networks connected to this Site or any other Luminar Site or server or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
4.3 upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
4.4 restrict or in any way inhibit any person from using this Site or any other Luminar Site or server; or
4.5 upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
4.6 upload, post or otherwise transmit any Content to a part of this Site or any other Luminar Site or server which is irrelevant to the subject matter or the Content; or
4.7 upload files which contain an active hypertext link to another website; or
4.8 delete any author contributions, legal notices or proprietary designations or labels in any file that is uploaded; or
4.9 falsify the origin or source of software or other material contained in a file that is uploaded; or
4.10 download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such manner; or
4.11 register yourself as a member of this Site, any forum or message board provided through this Site, or to receive any newsletter or other service under ficticious names or
4.11.1 use this Site or any other Luminar Site or server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
4.11.2 breach the terms of any suspension or ban or seek alternative access.
4.12 You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Site or any other Luminar Site.
4.13 You agree to indemnify Luminar and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Site or any other Luminar Site other than in accordance with these Terms and Conditions.
5. LUMINAR PRIVACY POLICY
If you provide information to Luminar on or through this Site or any other Luminar Site, Luminar 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 Site or any other Luminar Site you acknowledge and agree that you have read and accept the terms of that Privacy Policy. {error}
6. DISCLAIMER / LIABILITY
6.1 Use of this Site, any other Luminar Site 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 Luminar disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Site, any other Luminar Site , Third Party Websites, links to Third Party Websites, Material and Content.
6.2 We do our best to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site or to other Luminar Site, and (save as otherwise set out in these terms and conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site or any other Luminar Site.
6.3 Luminar will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any other Luminar Site , any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Site or any other Luminar Site or Third Party Website, whether by Luminar or on its behalf, for any:
6.3.1 economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
6.3.2 loss of goodwill or reputation; or
6.3.3 special or indirect or consequential loss.
6.4 If Luminar is liable to you directly or indirectly in relation to this Site, any other Luminar Site , any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Site or any other Luminar Site or Third Party Website, that liability (howsoever arising) shall be limited to £100.
6.5 Luminar will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
6.6 Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Luminar 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.
6.7 Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
7. ACCESS RESTRICTION
Luminar reserves the right in its sole discretion to deny you access to this Site or any other Luminar Site, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with clause 5 (Your Conduct) or any other provision of these Terms and Conditions. In particular, Luminar may deny you access to this Site or any other Luminar Site if Luminar exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
8. ONLINE COMPETITIONS
If you take part in any competition which is run on or through this Site or any other Luminar Site ("Competition"), you agree to be bound by the rules specified by Luminar from time to time ("Competition Rules") and by the decisions of Luminar, which are final in all matters relating to the Competition. Luminar reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules. The winner will be required to participate in such publicity as Luminar may require.
9. GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Luminar concerning your use of this Site or any other Luminar Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Luminar in relation to such matters. Luminar 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 Site and your continued use of the Site will constitute your acceptance of such updated Terms and Conditions. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Luminar. You should check the terms and conditions periodically to ensure that you are aware of and complying with the current version.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree 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.
Luminar’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 Luminar 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, Luminar and its group of companies.