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1
ACCEPTANCE OF TERMS
1.1 Your access to and use of Sporting
Edge ("the Website") and any
Services referred to in Clause 2, is subject
exclusively to these Terms and Conditions.
You will not use the Website/Services
for any purpose that is unlawful or prohibited
by these Terms and Conditions. By using
the Website/Services you are fully accepting
the terms, conditions and disclaimers
contained in this notice. If you do not
accept these Terms and Conditions you
must immediately stop using the Website/Services.
1.2 We reserve the right to update or
amend these Terms and Conditions at any
time and your continued use of the Website/Services
following any changes shall be deemed
to be your acceptance of such change.
It is therefore your responsibility to
check the Terms and Conditions regularly
for any changes.
2 THE SERVICES
The Website may provide communication
tools such as email, bulletin boards,
chat areas, news groups, forums and/or
other message or communication facilities
("the Services") designed to
enable you to communicate with others.
Unless stated otherwise the Services are
for your personal and non-commercial use
only.
3 CHILD SUPERVISION
We are concerned about the safety and
privacy of our users, particularly children.
Parents who wish to allow their children
access to and use of the Website/Services
should supervise such access and use.
By allowing your child access to the Services
you are allowing your child access to
all of the Services, including email,
bulletin boards, chat areas, news groups,
forums and/or other message or communication
facilities. It is therefore your responsibility
to determine which Services are appropriate
for your child. Always use caution when
revealing personally identifiable information
about yourself or your children via any
of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data
management and subscribe to the principals
of the data protection legislation in
the United Kingdom. We are committed to
maintaining the privacy of our users and
maintaining the security of any personal
information received from you. If you
register for any of the Services you will
be asked to provide basic personal information.
The information provided by you is not
available for sale or use by third parties.
The information is used solely for notifying
you of changes or updates to the Website/Services.
4.2 We use a technology called "cookies"
as part of our normal business procedure
to track patterns of behaviour of visitors
to the Website. A cookie is an element
of data that the Website sends to your
browser that is then stored on your system.
You can set your browser to prevent this
happening. Any information collected in
this way can be used to identify you unless
you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to
open an account you will be required to
complete the registration process by providing
certain information and registering a
username and password for use with that
Service. You are responsible for maintaining
the confidentiality of the username and
password and also for all activities which
take place under your account. You agree
to immediately notify us of any unauthorised
use of your password or account or any
other breach of security. In no event
will Sporting Edge be liable for any indirect
or consequential loss or damage whatsoever
resulting from the disclosure of your
username and/or password. You may not
use another person’s account at
any time, without the express permission
of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information,
text, graphics, logos, photographs, images,
moving images, sound, illustrations and
other materials ("the Content"),
whether posted publicly or transmitted
privately, are the sole responsibility
of the person from whom such Content originated.
We do not control or endorse the Content
and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge
that by using the Services you may be
exposed to Content that is offensive and/or
indecent. Sporting Edge will not be liable
in any way for any Content or for any
loss or damage of any kind resulting from
the use of any Content transmitted via
the Services and you agree to bear all
risks associated with the use of any Content,
including any reliance on the accuracy
or completeness of such Content.
6.2 In using the Website/Services you
agree not to:
6.2.1 use the Services to send junk email,
spam, chain letters, pyramid schemes or
any other unsolicited messages, commercial
or otherwise;
6.2.2 post, publish, distribute or disseminate
material or information that is defamatory,
infringing, obscene, indecent, threatening,
abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate
material or information that incites discrimination,
hate or violence towards any person or
group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk
or otherwise violate the legal rights
(including rights of privacy and publicity)
of others;
6.2.5 use any information or material
in any manner that infringes any copyright,
trademark, patent or other proprietary
right of any party;
6.2.6 make available or upload files that
contain a virus, worm, trojan or corrupt
data that may damage the operation of
the computer or property of another;
6.2.7 collect or store personal information
about others, including email addresses;
6.2.8 advertise or offer to buy or sell
goods or services for any commercial purpose,
unless such communication facility specifically
allows such messages;
6.2.9 impersonate any person or entity
for the purpose of misleading others;
6.2.10 violate any applicable laws or
regulations;
6.2.11 use the Website/Services in any
manner that could damage, disable, overburden
or impair the Website/Services or interfere
with any other party’s use and enjoyment
of the Website/Services;
6.2.12 post, publish, distribute or disseminate
material or information that you do not
have a right to transmit under any law
or under contractual or fiduciary relationships
(such as inside information or confidential
information disclosed in the course of
employment or under a confidentiality
agreement);
6.2.13 attempt to gain unauthorised access
to any of the Services, other accounts,
computer systems or networks connected
to the Website/Services through hacking,
password mining or any other means.
6.3 We have no obligation to monitor the
Services but shall be entitled to review
materials posted to a communications facility
and, at our sole discretion, to remove
any material that breaches these Terms
and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access
to any or all of the Services at any time,
without notice, for any reason, including
without limitation, breach of these Terms
and Conditions. We may also at any time,
at our sole discretion, discontinue the
Website/Services or any part thereof without
prior notice and you agree that we shall
not be liable to you or any third party
for any termination of your access to
the Website/Services.
8 LINKS TO THIRD
PARTY WEBSITES
The Website/Services may include links
to third party websites that are controlled
and maintained by others. Any link to
other websites is not an endorsement of
such websites and you acknowledge and
agree that Sporting Edge is not responsible
for the content or availability of any
such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable
laws regarding the transmission of technical
data exported from the United Kingdom
or the country in which you reside (if
different) and with all local laws and
rules regarding acceptable use of and
conduct on the Internet.
10 INTELLECTUAL PROPERTY
RIGHTS
10.1 The Website and its content (including
without limitation the Website design,
text, graphics and all software and source
codes connected with the Website and the
Services) are protected by copyright,
trade marks, patents and other intellectual
property rights and laws. In accessing
the Website you agree that you will access
the contents solely for your personal,
non-commercial use. None of the content
may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed
without the prior written consent of the
copyright holder. This excludes the downloading,
copying and/or printing of pages of the
Website for personal, non-commercial home
use only.
10.2 Sporting Edge does not claim ownership
of any materials you post, upload or submit
to any publicly accessible area of the
Services. However, by doing so you are
granting us a world-wide, royalty free,
non-exclusive licence to copy, distribute,
transmit, reproduce, publicly display,
edit, translate or publish such Content
for as long as you elect to display such
Content via the Services. The licence
shall be terminated when such Content
is deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold Sporting
Edge harmless from and against any breach
by you of these Terms and Conditions and
any claim or demand brought against Sporting
Edge by any third party arising out of
your use of the Services and/or any Content
submitted, posted or transmitted through
the Services, including without limitation,
all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses
(including reasonable legal costs and
expenses) howsoever suffered or incurred
by Sporting Edge in consequence of your
breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at
your own risk. The Website/Services are
provided on an "AS IS" and "AS
AVAILABLE" basis without any representation
or endorsement made and without warranty
of any kind whether express or implied,
including but not limited to the implied
warranties of satisfactory quality, fitness
for a particular purpose, non-infringement,
compatibility, security and accuracy.
12.2 To the extent permitted by law, Sporting
Edge will not be liable for any indirect
or consequential loss or damage whatsoever
(including without limitation loss of
business, opportunity, data, profits)
arising out of or in connection with the
use of the Website/Services.
12.3 Sporting Edge makes no warranty that
the Website/Services will meet your requirements,
that Content will be accurate or reliable,
that the functionality of the Website/Services
will be uninterrupted or error free, that
defects will be corrected or that the
Website/Services or the server that makes
them available are free of viruses or
anything else which may be harmful or
destructive.
12.4 Nothing in these Terms and Conditions
shall be construed so as to exclude or
limit the liability of Sporting Edge for
death or personal injury as a result of
the negligence of Sporting Edge.
12.5 Nothing in these Terms and Conditions
shall affect your statutory rights as
a consumer.
13 SEVERANCE
If any of these Terms and Conditions should
be determined to be invalid, illegal or
unenforceable for any reason by any court
of competent jurisdiction then such Term
or Condition shall be severed and the
remaining Terms and Conditions shall survive
and remain in full force and effect and
continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed
by and construed in accordance with the
law of England and you hereby submit to
the exclusive jurisdiction of the English
courts. |
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