TERMS AND CONDITIONS OF USE:

1. Conduct of users
1.1. Iomtt.com (referred to hereafter as ‘the site’) is owned and operated by Duke Marketing on behalf of The Isle of Man Government Department of Tourism and Leisure (hereafter referred to as ‘DTL’) based at  St Andrews House, Finch Road, Douglas, Isle of Man IM1 2PX. Participation in, and use of this site is at the user's own risk. 
1.2. All views and information, whether publicly posted or privately transmitted are individual and not the views, policy or advice of  Duke Marketing or DTL . You understand and acknowledge that content is the sole responsibility of the person from which such content originated, and has not been approved or endorsed by Duke Marketing or DoTL 1.3. Any reference to third party organisations, their products or services does not imply endorsement by Duke Marketing.
1.4. The use of the message boards for gathering information for surveys and research studies, or similar, is prohibited unless prior written permission has been given by  Duke Marketing.
1.5. You agree not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Duke Marketing or this site or any of the computer systems on which this site resides.
1.6. By registering to post messages and reviews using this site you agree to these terms and conditions. If you do not agree to these terms and conditions  Duke Marketing reserves the right to prohibit you from using this site.
 
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2. Postings and messages
2.1. Content that is posted to this site or otherwise included in its private messaging systems, including your choice of public name or id, must follow these conditions.
2.2. Postings and messages must not be obscene, defamatory or libelous, vulgar, sexually orientated, hateful, threatening, or in violation of any laws or good morals and practice. You hereby undertake to indemnify and keep indemnified Duke Marketing against all costs and expenses from any such actions by you.
2.3. Postings and messages containing contact details (web addresses, emails, phone numbers, fax numbers or postal addresses) are not allowed except with the prior written consent of Duke Marketing.
2.4. Postings and messages must not contain advertisements for specific manufacturers, suppliers, products or services except with the prior written consent of Duke Marketing.   We encourage users to post unbiased reviews of specific products, but the use of this site for commercial purposes is not permitted. 
2.5. Postings and messages must not be excessively repeated intentionally.
2.6. Duke Marketing may from time to time edit or remove posts and messages that are contrary to these terms and conditions, not relevant to the purposes of the discussion forum or not constructive to the overall purpose of the website.
2.7. You agree not to transmit any chain letters, spam, or junk messages to other users.
2.8. You must not send unsolicited messages for the purpose of advertising a product or service.
2.9. You agree to respect the privacy and wishes of those users who you have been privately messaging. You must not pass on details to third parties without permission from them.
2.10. Although private messages are not visible on the main discussion forum, Duke Marketing can access them.  By using the private message system you consent to your messages being viewed by Duke Marketing where Duke Marketing have been notified of a problem or a breach of these terms and conditions.  
 
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3. Moderation and Banning
3.1. Duke Marketing routinely monitors the discussion forum, and may also review postings and messages when issues are brought to its attention.
3.2Duke Marketing has the right, but no obligation, to remove, edit, move or close any posting, message or group of messages for any reason and without notice.   In particular, your attention is drawn to paragraph 2 above.
3.3. Duke Marketing is not obliged to enter into any correspondence regarding the moderation of content on the review or discussion system.
3.4. Duke Marketing has the right to modify or delete any or all information relating to a user, including deletion of that user's account, without prior notice or reason.
3.5. Any removal or banning of a visitor from anywhere within the discussion forum is binding and the decision is final, and no correspondence will be entered into nor will moderators be obliged to explain such banning. In cases of dispute, the decision of the TT and Motorsport Development Manager of DTL shall be final.
3.6. We reserve the right to identify you in response to a court order or threat of legal action, or to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
 
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4. User names and Passwords
4.1. Passwords and login information are for the sole use of the person to whom they are issued.
4.2. We may deny access to a password or login information if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions. 
4.3. You are responsible for any use of the site where it is accessed using your password or login information.

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5. Downtime
5.1. Whilst we try to make sure that the site and the discussion forum are available at all times, there may be occasions where we need to carry out planned or emergency maintenance, or the site and forum are unavailable for reasons outside our control.
5.2. As providers of a free service, we make no guarantees as to availability and as such will not be responsible for any loss or damage whatsoever arising from your inability to access the site at any time.
 

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6. Intellectual Property
6.1. Postings and messages must not infringe or violate another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
6.2. By submitting information to the discussion boards or posting product reviews, you grant Duke Marketing a non-exclusive worldwide royalty-free perpetual non-revocable licence to use, distribute, adapt, modify, display, reproduce and transmit such information in any and all media in the manner in whole or in part without any duty to account to you. You also grant Duke Marketing the right to grant licences to users of the Website to view and copy such information as it sees fit from time to time.
6.3. You waive your moral rights to be identified as author of any material you post and let Duke Marketing modify it as necessary.  It may be necessary to shorten material or cut it to fit the site, or to remove elements which Duke Marketing considers to breach these terms and conditions and the posting guidelines.
6.4. Any information submitted by you will be considered non-confidential and non-proprietary.
 
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7. Viruses and Hacking
7.1. You must not misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
7.2. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site.
7.3. You must not attack the site via a denial of service attack or a distributed denial of service attack.
7.4. By breaching these provisions you may commit a criminal offence under the Computer Misuse Act 1990.  Duke Marketing may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach your right to use the site will cease immediately.
 
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8. Notice
8.1. Where a breach of these terms and conditions occurs Duke Marketing reserves the right to take such action as it sees fit.
8.2. When you follow a link to other organisations via the discussion forum, you will leave the  site and will be subject to the rules and privacy laws of that organisation’s site. If you wish to post a link to other organisations, please check that their terms of use allow you to do so.
8.3. This agreement shall be governed in accordance with the laws of Isle of Man and both parties irrevocably submit to the exclusive jurisdiction of the Manx courts.
8.4. The terms and conditions of this agreement are subject to change by Duke Marketing in conjunction with DTL at any time, Duke Marketing will aim to make users aware of any significant changes. Any user's use of this site following changes shall indicate the user's acceptance of the new agreement.
 
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9. Exclusion of liability
9.1. Please see our disclaimer which sets out limitations on the liability of Duke Marketing and which excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with your use of the site, including without limitation liability arising from:
• your use or inability to use the discussion forum or review facility;
• any unauthorised access to or alterations of information provided by you;
• your use of any third party websites (including without limitation those that may be connected by hyperlink to this site);
• any arrangements entered into with any third party in connection with any information provided by or in connection with this site;
• the inaccuracy, incompleteness or tardiness of any information supplied through the service;
other than, in each case, any liability in respect of death or personal injury caused by Duke Marketing’s negligence or wilful misconduct or that of its employees, or liability arising from fraudulent misrepresentation.
9.2. You acknowledge that the site is provided free of charge by Duke Marketing, and that this exclusion of liability is reasonable in view of that fact.
Terms and conditions last updated 10th September 2007.

Disclaimer
This disclaimer, together with our terms and conditions for our discussion forum set out the basis on which you may use this website.  By using this website and (where applicable) registering to post reviews and messages, you are deemed to accept these terms and conditions and this disclaimer.
The information contained in this website is for general information purposes only. The information is collated by  DUKE MARKETING (OPERATING ON BEHALF OF THE DEPARTMENT OF TOURISM & LEISURE OF THE ISLE OF MAN GOVERNMENT)
 and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

You acknowledge that:
• The site contains reviews and messages posted by users.   Duke Marketing does not control the content of these items and is therefore not responsible for their content.
• The information provided on this website takes no account of your individual circumstances and you should therefore not rely on it in deciding which products would be most suitable for you.  You should take appropriate professional advice in relation to your needs.
• Duke Marketing has not tested any of the equipment featured for safety or function and gives no warranties in relation to such equipment. 
• Duke Marketing has no responsibility for the continuing availability of any equipment featured, and the manufacturers and suppliers may withdraw or modify the equipment at any time. 
• Descriptions of products include information provided by the manufacturers and suppliers of the products, and has not been checked for accuracy by Duke Marketing.

DTL does not endorse any of the manufacturers, suppliers or the use of any of the products featured on this website. 

If you find any inaccurate, misleading, out of date or unsuitable information on the site, let us know and where we agree we will correct it as soon as is practicable.  You can contact us on admin@iomtt.com or by post at TT and Motorsport Development Manager, Isle of Man Department of Tourism and Leisure, St Andrews House, Finch Road, Douglas, Isle of Man IM1 2PX,

This website is provided free of charge.  Accordingly, to the extent permitted by law we exclude all liability to you for any loss or damage whatsoever including without limitation, direct, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website (whether arising in contract, tort, negligence, breach of statutory duty or otherwise).

Notwithstanding any other provision of these terms and conditions, Duke Marketing does not seek to limit or exclude its liability to any user for death or personal injury resulting from its own or its employees’ negligent act or omission or wilful misconduct or for fraudulent misrepresentation or in respect of any other liability which cannot be excluded by law.

If you are not happy with the exclusions of our liability set out in this disclaimer, you should not use this website.

Through this website you are able to link to other websites which are not under the control of .Duke Marketing We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation of any equipment available on such sites or endorse the views expressed within them.

We use our reasonable efforts to ensure that the website is available to users at all times.  However, at times the site may be partially or completely unavailable due to technical faults or reasons beyond our control such as failures by third party service providers or a virus attack.  We may also need to carry out maintenance.  Duke Marketing takes no responsibility for and will not be liable for the website being temporarily unavailable for any reason, and you acknowledge that as the providers of a free service, we can make no guarantees as to availability.

We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or your downloading of any material posted on it, or on any website linked to it.  While we will use our reasonable endeavours to ensure that material we post is virus free, we advise you to use your own virus checking software on any material you download from the internet.
These terms and conditions may be revised from time to time.  If they are revised, we will post the revised version on the site.  The revisions will be effective immediately.  Please re-read these terms and conditions from time to time even if you have previously used this site.  By using this site after we have changed the terms and conditions, you will be deemed to have accepted the changed.  If, for any reason, you do not agree to abide by our terms and conditions, please do not use this site.  Duke Marketing may change, suspend or discontinue any aspect of the site at any time.

This disclaimer, and the other parts of our terms and conditions shall be interpreted in accordance with the laws of the Isle of Man and all disputes shall be subject to the exclusive jurisdiction of the Manx courts.

Disclaimer last updated 10th September 2007.