Terms and Conditions of website usage
© Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com ALL RIGHTS RESERVED
TERMS AND CONDITIONS FOR THE USE OF THE SPORTING MEDIA LTD, WORLD OF GOLF MAGAZINE AND WORLDOFGOLFLIVE.COM WEBSITES.
Last updated: 3rd October 2011:
1.1. This web site is owned and operated by Sporting Media Ltd.
1.2. This user agreement (“Agreement”) governs the use of the services provided or initiated on this web site (“Service”) produced by us, including (i) registrations (ii) subscriptions (iii) any donations from time to time to charitable causes and (iv) participation in the Service’s chat and bulletin-board or forum facilities (“Discussion Areas”) and also including all or any part of this website’s computer code.
1.3. Please read this Agreement carefully. Since part of the Service from time to time is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all interested in sport, website design, website marketing and other media services. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com requires its users to abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules.
1.4. If you do not agree with the rules contained in this Agreement, please do not use this Service.
1.5. These terms and conditions may be modified by Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it’s wise to check this page regularly.
1.6. Your failure to follow the Service’s rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to other remedies open to us.
Use of the Service by You
2.1. All material on this website belongs to Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com or its licensors. You may retrieve and display content from this website on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service. We will never issue rights to republish, redistribute and syndicate content.Works in the nature of databases attract database rights.
2.2. You may not remove the copyright, website name or trade mark notices from any copies of the content made in accordance with the Terms and Conditions.
2.3. You may not create a database in electronic or structured manual form by systematically downloading or storing all and or any parts of the content.
2.4. You acknowledge that Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com are trade marks and that you may not use them without written and hand-signed permission from Sporting Media’s Directors or from the owner of the domain names.
2.5. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service. You agree not to use any obscene, indecent or offensive language, or to place on the Service any material that is false, discriminatory, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted or embedded, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.6. Other than connecting to Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com servers by HTTP requests using a Web browser, you may not attempt to gain access to Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com or to their affiliates’ serves by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
2.7. You are responsible for ensuring that any material you provide to the Service or post in a Discussion Area or by e-mail to our administrators, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
2.8. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service and you agree not to attempt to enter any event using false name or false identification information.
2.9. You acknowledge that Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
3.1. Any third party web site that links to this web site must not: – (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that Fuseboxelectrics.co.uk or Fuseboxwales.co.uk or Fusebox Electricians LtdSporting Media Ltd, World of Golf Magazine and worldofgolflive.com any other third party website is endorsing it or its products or services; (iii) use any Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com trademark displayed on any Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com site without hand-signed written contractual permission from Sporting Media Ltd’s Directors; (iv) infringe any intellectual property or other right of any person; (v) be a website that contains content that could be construed as distasteful, offensive or controversial.
3.2. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
Use of Material Posted by You
4.1. Postings to any of our Discussion Areas are not private. You grant Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com and their designees a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Service via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
5.1. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com respects the intellectual property of others, and we ask our users to do the same. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, event entrants and account holders who infringe the copyright rights of others.
5.2. If you believe that your work has been copied and is accessible on the Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com web sites in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Sporting Media Ltd immediately via the details shown on this site.
Comments by Users Are Not Endorsed by us in any way
6.1. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users or contributors in Discussion Areas or elsewhere in the Service. Any information or material placed online by users or contributors, including advice and opinions, is the view and responsibility of those users and contributors and does not necessarily represent the views of Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com
Competitions and Prizes
7.1. From time to time Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com and or others will run competitions, free prize draws and promotions on this website other than the events we organise and or promote. These are subject to additional terms that will be made available at the time.
Materials Provided by Others
8.1.You agree that Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
9.1.You agree to indemnify Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions, from your unauthorised use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service.
Editing and Deletions
10.1. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users or contributors in the Discussion Areas or elsewhere on the Service, in its sole discretion and without notice.
11.1. Sporting Media Ltd, World of Golf Magazine and worldofgolflive.com reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional terms and conditions.
Disclaimer of Warranty and Limitation of Liability
12.1. You acknowledge that you are using the service at your own risk. Any content on this site regarding exercise, nutrition and training procedure is commentary and observation only and cannot replace medical advice. Anyone wishing to take up sport or commence on, or adjust any training regime or diet change is strongly recommended to seek professional medical advice. See you doctor at all times, we cannot stress this enough. You acknowledge that you are using the service at your own risk. All comments regarding web design, website marketing, advertising sales, sponsorship sales and other media services are not written as advise in any way. Readers should always seek to employ our professional media consultations and/or media services or the consultations and/or media services of other professional media service providers BEFORE embarking on any website design, marketing activity or any other media activity. The service is provided “as is”, and to the extent permitted by applicable law, Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com and our affiliates hereby expressly disclaim any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
12.2. Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com and their affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information including race registration information, or that no viruses will be transmitted on the service.
12.3. Save for the provisions of the following Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com and their affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use or reliance on the service or any of the information and materials available on the service, regardless of the type of claim or the nature of the cause of the claim, even if advised of the possibility of such damages
12.4. We will not be liable to you for any damages in excess of £40, or if higher, the amount of fees you have paid us for access to the website.
12.5. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: – (i) we are not at fault for the errors or inaccuracies; or (ii) the loss or damage is not foreseeable to both of us at the time of your initial acceptance of these Terms and Conditions; or (iii) the loss or damage is a business loss or the losses were caused in the course of business, including losses relating to lost data, lost profits or business interruption. We cannot and do not accept any responsibility for the computer equipment and telephone services which you use to access the Websites, or for the security of the same. You will be responsible for the security of your own computer system, and the transfer of any information from your computer system. We also cannot and do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems. Where we are liable to you for any loss or damages, we will not be liable for any increase in loss or damage resulting from a breach by you of any term of these Terms and Conditions.
12.6. Any goods or services purchased or obtained or offered to you through use of the Websites, whether accessed directly or otherwise, are provided subject to the terms and conditions of the supplier of those goods or services. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods or services
13.1. Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com has the right to terminate your ability to access the Service, for any reason, without notice.
Choice of Law and Jurisdiction
15.1. You agree that this Agreement, for all purposes, shall be governed by and construed in accordance with English law. You also irrevocably agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement.
15.2. For the exclusive benefit of Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
Software and Security
16.1 We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.
16.2 We take every precaution to protect your personal information. When we ask you to submit financial information, such as your credit card number, you will be transferred to a specialist site such as World Pay or we use industry standard technology for secure commerce transactions. It encrypts data, including your credit card number. Most banks or credit card providers either cover all charges resulting from unauthorised use of your credit card or limit your liability to a maximum amount. Refer to your credit card agreement to check your coverage for liability. You are also advised to check your coverage for liability for unauthorised use of other cards such as debit cards. In addition, we have strict security protocols in place to protect our customer database, and only allow access to it when absolutely necessary, and then under strict guidelines as to what use may be made of such details.
17.1 We may terminate the provision of any of the Websites or restrict your access to them without any prior notice to you where (by way of example and without limitation):-there is a regulatory or statutory change limiting our ability to provide a Website;- any event beyond our reasonable control prevents us from continuing to provide a Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or we consider in our reasonable discretion that you are abusing the services provided by a Website or are otherwise acting in breach of these Terms and Conditions and we have notified you of the abuse or breach.
18.1 Your dealings with any third parties, in particular advertisers and/or merchants, via the Websites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and that you will be liable for any costs or damages that we incur, as set out in clause 9 above in relation to such dealings.
19.1. This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
19.2. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
19.3. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
19.4. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our written agreement, which will not be refused without good reason.
If you don’t agree to the terms contained in this Agreement, please exit the Service now.
Children’s Privacy and Safety
20.1. The safety of children is extremely important to us. Whilst we will make every reasonable effort to ensure that children’s privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s Internet usage.
20. 2. We especially express that web content and information published by us or posted in forums is expressly not of suitability to anyone below the age of 18.
20.3. We especially express that all diet plans in relation to sports activity and training and preparing for sporting events and all plans in relation to exercise in preparation for sports activities are for all those above the age of 18 without guarantee or liability and after such persons have first consulted a medical professional but most certainly not for anyone below the age of 18. Whereas we actively support good healthy foods and lifestyles for our children, Sporting Media Ltd and World of Golf Magazine and worldofgolflive.com stress that none of our published training, nutrition or general health plans have been designed to suite those under the age of 18. Parents and Supervisor’s of those under 18yrs of age should avoid children from using our websites.
Sporting Media Ltd
26 Bloomsbury Street
Tel: 020 7277 7292