TRS

The Retro Search

Terms and Conditions of Use

These terms and conditions of use govern your use of The Retro Search whether you are a visitor or a web site owner whose site is indexed by The Retro Search.

By using The Retro Search, you accept these terms and conditions of use in full. If you disagree with these terms and conditions of use or any part of these terms and conditions of use, you must not use this website.

The Retro Search contains general information and links to sites that deal with retro, classic or vintage computers. The information is not advice, and should not be treated as such.

The contents of the index are based on the web sites that are indexed by The Retro Search. They are referenced “as is” without any representations or warranties, express or implied. The Retro Search makes no representations or warranties in relation to the content and information on those websites.

Without prejudice to the generality of the foregoing paragraph, The Retro Search does not warrant that this site or any site indexed by this site will be constantly available, or available at all, or that the content of those sites or this site is complete, true, accurate, up-to-date, or non-misleading.

You must not rely on the information on The Retro Search or any site that is referenced by it. If you have any specific questions about any retro, classic or vintage computers you should seek qualified advice.

Unless otherwise stated, we or our licensors own the intellectual property rights in this website and material on this website. Subject to the licenses specified on this web page, all these intellectual property rights are reserved. The Retro Search does not purport to own, licence or copyright material that is referenced on other sites by The Retro Search. You should refer to the operator of that site for advice on intellectual property rights.

You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use.

You must not:

  • republish material from this website (including republication on another website),
  • sell, rent or sub-license material from this website,
  • show any material from this website in public for a fee,
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose,
  • redistribute material from this website.

You must not use The Retro Search in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use The Retro Search to copy, store, host, transmit (including link to), send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer or device software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to The Retro Search without our express written consent.

You must not use The Retro Search to transmit or send unsolicited commercial communications.

You must not use The Retro Search for any purposes related to marketing without our express written consent.

Access to certain areas of The Retro Search may be restricted. We reserve the right to restrict access to areas of The Retro Search, or indeed the whole website, at our discretion.

You must notify us in writing immediately if you become aware of any unauthorised use of The Retro Search.

Important information for owners of indexed web sites

In these terms and conditions of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website by way of requesting indexing of your web site, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use (by way of indexing and rendering search results) your site content (NOTE: we do not store, harvest of leech content from your indexed web site, The Retro Search simply indexes it for search purposes and direct uses to your web site to get or view the actual content.)

You warrant and represent that your user content will comply with these terms and conditions of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You warrant that your user content complies with fair use provisions of retro, classic and vintage based hobbies, collecting as a hobby, historical retention and preservation or services related to those things.

Your user content (and its publication on The Retro Search by way of indexing your web site and rendering search results) must not (with the exception of prior published works of this genre):

  • be libelous or maliciously false,
  • be obscene or indecent,
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right,
  • infringe any right of confidence, right of privacy, or right under data protection legislation,
  • constitute negligent advice or contain any negligent statement,
  • constitute an incitement to commit a crime,
  • be in contempt of any court, or in breach of any court order,
  • be in breach of racial or religious hatred or discrimination legislation,
  • be blasphemous,
  • be in breach of any official secrets legislation,
  • be in breach of any contractual obligation owed to any person,
  • depict violence in an explicit, graphic or gratuitous manner,
  • be pornographic or sexually explicit,
  • be untrue, false, inaccurate or misleading,
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage,
  • constitute spam,
  • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory, or
  • cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the Internet, and be in keeping with the spirit of sharing interests in retro, classic and vintage computing.

You must not use The Retro Search to link to any website or web page consisting of or containing material that would, were it posted on The Retro Search, breach the provisions of these terms and conditions of use.

You must not submit any user content to The Retro Search that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

At our sole discretion we reserve an unfettered right to edit or remove any material submitted to The Retro Search, or stored on our servers, or hosted or published upon The Retro Search.

Important information for users of indexed web sites

Notwithstanding our rights under these terms and conditions of use in relation to user content, The Retro Search does not undertake to monitor the submission of such content to, or the publication of such content on The Retro Search.

You acknowledge that some of the information published on The Retro Search is submitted by users, and that The Retro Search does not usually review, approve or edit such information. The Retro Search does not warrant the completeness or accuracy of the information published on The Retro Search, nor does The Retro Search commit to ensuring that the website remains available or that the material on The Retro Search is kept up-to-date.

To the maximum extent permitted by applicable law The Retro Search excludes all representations, warranties and conditions relating to The Retro Search and the use of The Retro Search (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

To the extent that The Retro Search and the information and services on The Retro Search are provided free-of-charge, The Retro Search will not be liable for any loss or damage of any nature.

The Retro Search will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

The Retro Search will not be liable to you in respect of any business or personal losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

The Retro Search will not be liable to you in respect of any loss or corruption of any data, database or software.

The Retro Search will not be liable to you in respect of any special, indirect or consequential loss or damage.

You hereby indemnify The Retro Search and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions of use, or arising out of any claim that you have breached any provision of these terms and conditions of use.

Without prejudice to our other rights under these terms and conditions of use, if you breach these terms and conditions of use in any way, or if The Retro Search reasonably suspects that you have breached these terms and conditions of use in any way, The Retro Search may:

  • send you one or more formal warnings,
  • temporarily suspend your access to The Retro Search,
  • permanently prohibit you from accessing The Retro Search,
  • block computers using your IP address from accessing The Retro Search,
  • contact your Internet services provider and request that they block your access to The Retro Search,
  • bring court proceedings against you for breach of contract or otherwise,
  • suspend and/or delete your site from The Retro Search index; and/or
  • delete and/or edit any or all of your user generated content.

Where The Retro Search suspends or prohibits or blocks your access to The Retro Search or a part of The Retro Search, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Links

Care has been taken to provide links on The Retro Search to websites that are suitable reference sources for classic, vintage and retro computing enthusiasts. However, the nature of the Internet prevents The Retro Search from guaranteeing the suitability or accuracy of any material that this site may be linked to or that may be produced in search results. Consequently, The Retro Search:

  • does not represent that the material appearing on linked or indexed sites is complete, accurate or up-to-date,
  • does not necessarily endorse that material,
  • does not accept responsibility or liability for any loss, damage, cost or expense that you might incur as a result of using or relying on that material,
  • does not guarantee that any of the linked sites will be available at any particular time.

Similarly, the fact that a site is not linked to or indexed by The Retro Search does not necessarily imply any non-endorsement or criticism of that site by The Retro Search.

It is your responsibility to conduct your own investigations and inquiries, and make your own decisions, concerning the information retrieved from linked or indexed sites.

Third party trade marks

The other registered and unregistered trademarks or service marks on The Retro Search (or generated on The Retro Search by the indexing of other web sites) are the property of their respective owners. Unless stated otherwise, The Retro Search does not endorse and is not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Variation

The Retro Search may revise these terms and conditions of use from time-to-time. Revised terms and conditions of use will apply to the use of our website from the date of the publication of the revised terms and conditions of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Retro Search may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions of use.

Severability

If a provision of these terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms and conditions of use are for the benefit of you and The Retro Search, and are not intended to benefit any third party or be enforceable by any third party. The exercise of The Retro Search and your rights in relation to these terms and conditions of use is not subject to the consent of any third party.

Entire agreement

These terms and conditions of use, together with the other legal notices on this web page, constitute the entire agreement between you and The Retro Search in relation to your use of The Retro Search, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions of use will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions of use will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.