1. Your use of the website
1.1 Your use of the website www.hgvdashcamfootage.co.uk, (the “Website”) is subject to the terms of a legal agreement between you and Dog Pepper Media Limited (Company Number 09861844), whose registered office is at The Cube, Barrack Road, Newcastle upon Tyne NE4 6DB (“DPM”).
1.2 Your legal agreement with DPM is made up of (A) the terms and conditions set out in this document, (B) DPM’s Privacy Policy and (C) DPM’s Cookie Policy (the “Terms”).
1.3 The Terms form a legally binding agreement between you and DPM in relation to your use of the Website. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users who are also contributors of Content. “Content” includes the text, files, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Website.
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2. Accepting the Terms
2.1 Use of the Website, without further act, binds you to the agreement referenced in Section 1.3 above. If you do not wish to be so bound, do not use the Website.
2.2 You may not use the Website and may not accept the Terms if you are under the age of 16.
2.3 You should print off or save a copy of the Terms for your records.
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3. Changes to the Terms
DPM may, in its sole discretion, modify, amend or revise these Terms at any time, and you agree to be bound by such modifications or revisions without any actual notice to you. Although DPM may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Your use of the Website after such modification, amendments or revisions, whether or not you have been notified of the same, constitutes your acceptance of the revised terms.
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4. DPM Accounts
4.1 In order to access some features of the Website or other elements of the Service, you may have to create an account. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
4.2 You must notify DPM immediately of any breach of security or unauthorised use of your account that you become aware of.
4.3 You agree that you will be solely responsible (to DPM, and to others) for all activity that occurs under your account.
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5. General restrictions on use
5.1 DPM hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
5.1.1 you agree not to distribute or permit sub distribution of all or any part or parts of the Website or the Service, including but not limited to any Content, in any medium without DPM’s prior written authorisation in each instance;
5.1.2 you agree not to alter or modify any part of the Website or any of the Service;
5.1.3 you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
5.5 You acknowledge and agree that DPM may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at DPM’s sole discretion, without prior notice to you.
5.6 You agree that you are solely responsible for (and that DPM has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DPM may suffer) of any such breach.
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6. Content
6.1 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to DPM and other users of the Service. These are described in paragraph 7 of these Terms.
6.2 You understand and agree that you are solely responsible for your own Content and the consequences of uploading or publishing it. DPM does not endorse any Content or any opinion, recommendation, or advice expressed therein, and DPM expressly disclaims any and all liability in connection with Content.
6.3 You represent and warrant on an ongoing basis that you:
6.3.1 are the owner or authorised licensee of all Content;
6.3.2 have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable DPM to use your Content for the purposes of the provision of the Service by DPM, and otherwise to use your Content in the manner contemplated by the Service and these Terms;
6.3.3 have all required permissions and consents from any third party whose personal information is included in any Content; and 6.3.4 will not upload or post any Content that breaches applicable law or regulations.
6.4 Content must not:
6.4.1 Contain any material which is defamatory of any person.
6.4.2 Contain any material which is obscene, offensive, hateful or inflammatory.
6.4.3 Contain sexually explicit material.
6.4.4 Promote violence.
6.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6.4.6 Infringe any copyright, database right, trade mark or right of privacy of any other person.
6.4.7 Be likely to deceive any person.
6.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6.4.9 Promote any illegal activity.
6.4.10 Be threatening, abusive, invade another’s privacy, or cause annoyance, inconvenience or anxiety to any third party.
6.5 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 DPM to use or possess in connection with the provision of the Service.
6.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant DPM the licence referred to in paragraph 7.1 below.
6.7 On becoming aware of any potential breach of these Terms, DPM reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content, permanently delete same and/or terminate a User’s access for uploading Content which is in breach of these Terms at any time, without prior notice and at its sole discretion.
6.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DPM with respect to any such Content.
6.9 DPM may disclose your identity to any third party who claims that any Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy
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7. Rights you License / Licensing Agreement
When you post / upload Content to DPM, you grant to DPM and DPM Brand partners, a worldwide, royalty-free, perpetual, exclusive license to use, copy, edit, disclose, distribute, reproduce, monetise, publish, advertise, incorporate and otherwise use such Content including, without limitation, on the website, on other websites , on all social media platforms operated by DPM and on all websites and social media platforms operated by DPM Brand partners and on physical products and in promotional and/or marketing material developed, in each case whether developed by us or on our behalf or on behalf of our affiliates or brand partners. By agreeing to the the terms you agree that you grant DPM and DPM brand partners the right to, edit, copy, add branding to your content and redistribute your content to the media and including TV production companies without contacting you (The uploader). All current brand partners are listed below.
Current Brand Partners –
Nextbase ® Dash cams correct as of 1st August 2022
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8. DPM content
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to DPM, and is subject to copyright, trade mark rights, and other intellectual property rights of DPM or DPM’s licensors.
Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of DPM or, where applicable, DPM’s licensors.
DPM and its licensors reserve all rights not expressly granted in and to their Content.
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9. Third Party Links
9.1 The Service may include hyperlinks to other web sites that are not owned or controlled by DPM. DPM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that DPM is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that DPM is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
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10 Interactive Services
10.1 DPM may from time to time provide interactive services on the Website, including, without limitation:
10.1.1 chat rooms;
10.1.2 bulletin boards;
10.1.3 comments features, (together the interactive services and each an interactive service).
10.2 Where DPM do provide any interactive service, it will provide clear information to you about the kind of service offered, if it is moderated or not and, if so, what form of moderation is used (including whether it is human or technical moderation).
10.3 DPM is under no obligation to oversee, monitor or moderate any interactive service it provides on the Website or on social media platforms operated by DPM , and subject to clause
10.4 DPM expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Terms, whether the service is moderated or not.
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11. Termination
11.1 DPM may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if DPM determines that you have breached any provision of this Agreement or that your conduct or content would tend to damage DPMs reputation and goodwill.
11.2 DPM may at any time immediately and without notice to you terminate its legal agreement with you if:
11.2.1 you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
11.2.2 DPM is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
11.2.3 DPM is no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
11.2.4 the agreement between DPM and the organisation or entity that pays for the availability of the Service to you is terminated for any reason.
11.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DPM have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
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12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and DPM makes no warranty or representation to you with respect to them.
12.3 In particular DPM makes no representations or warranties:
12.3.1 that the DPM Service will be permitted in your jurisdiction;
12.3.2 that the DPM Service will be uninterrupted or error-free;
12.3.3 concerning any content submitted by any member;
12.3.4 concerning any third party’s use of content that you submit;
12.3.5 that any content you submit will be made available on the DPM Service or will be stored by DPM;
12.3.6 that the DPM Service will meet your business or professional needs; or
12.3.7 that DPM will continue to support any particular feature of the DPM Service.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
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13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit DPM’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above DPM shall not be liable to you for:
13.2.1 any direct, indirect or consequential losses or damage which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
13.2.2 any loss or damage which may be incurred by you as a result of: (i) any changes which DPM may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); (ii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; (iii) your failure to provide accurate account information; (iv) your failure to keep your password or account details secure and confidential; (v) our site being unavailable at any time or for any period.
13.3 The limitations on DPM’s liability to you in paragraph 12.2 above shall apply whether or not DPM has been advised of or should have been aware of the possibility of any such losses arising.
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14. General legal terms
14.1 These Terms completely replace any prior agreements between you and DPM in relation to the Service.
14.2 You agree that DPM may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service but is not obligated to do so.
14.3 You agree that if DPM does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DPM has the benefit of under any applicable law), this will not be taken to be a formal waiver of DPM’s rights and that those rights or remedies will still be available to DPM.
14.4 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 the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 The Terms, and your relationship with DPM under the Terms, shall be governed by English law. You and DPM agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DPM shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
DOG PEPPER MEDIA LIMITED TRADING AS HGV DASH CAM FOOTAGE TERMS OF SERVICE © Sintons Law LLP – Correct as of 1st August 2022