Earpsports.com - Terms of Website Use


TERMS OF WEBSITE USE This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.earpsports.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. Information about us www.earpsports.com is a site operated by Earpsports Limited (”we” or “us”). We are registered in England and Wales under company number 06467396 and have our registered office at St Mary’s House, Magdalene Street, Taunton, Somerset TA1 1SB. Our main trading address is 97 Quantock view, Bishops Lydeard, Somerset TA4 3AR. Our VAT number is 927 6335 05 Accessing our site We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet or mobile connection are aware of these terms, and that they comply with them. Intellectual property rights We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Reliance on information posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. Our liability The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law we, other members of our group of companies and third parties connected to us hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Information about you and your visits to our site We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Uploading material to our site Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. Prohibited uses You may use our site only for lawful purposes. You may not use our site: in any way that breaches an applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Interactive services We will not be responsible as author, editor or publisher of any contribution submitted to our site (“Contribution”) and we expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of our content standards (see below). We reserve the right to promptly remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights. Use of our site by minors The use of our site by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our site that it is important that they communicate with their children about their safety online. Minors who are using our site should be made aware of the potential risks to them and of their obligation to comply with these terms of use when using our site. We will do our best to assess any possible risks to minors from third parties when they use our site. Content standards These content standards apply to all Contributions. The content standards must be complied with in spirit as well as to the letter. A Contribution must: be accurate (where it states facts); be genuinely held (where it states opinions); comply with the law applicable in England and Wales and in any country from which it is posted; be relevant. A Contribution must not: be defamatory of any person; be obscene, offensive, hateful or inflammatory; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual; infringe any copyright, database right or trade mark of any other person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; be in contempt of court; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; give the impression that the Contribution emanates from us if this is not the case; advocate, promote, incite any third party to commit, or assist any unlawful or criminal act. contain any advertising or promote any services or web links to other sites. When we consider that a breach of the content standards above has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with any of the above content standards constitutes a material breach of the terms of use on which you are permitted to use our site and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our site; immediate, temporary or permanent removal of any Contribution already posted on our site; issue of a warning to you; legal proceedings against you for reimbursement for all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. The actions described above are not limited, and we may take any other action we reasonably deem appropriate. Copyright By submitting a Contribution to our site, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Please also note that, in accordance with the content standards above, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to our site you are warranting that you have the right to grant us the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to us, please do not submit the Contribution to our site. Complaints If you wish to complain about any Contribution posted on our site, please contact us at info@earpsports.com. We will then review the Contribution and decide whether it complies with our content standards. We will deal with any Contribution which, in our opinion, violates our content standards as described above. We will inform you of the outcome of our review within a reasonable time of receiving your complaint. Linking to our site You may only link to our home page, and you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above. If you wish to make any use of material on our site other than that set out above, please address your request to info@earpsports.com Links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Trade marks Earpsports is a trade mark of Earpsports Ltd. Variations We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Your concerns If you have any concerns about material which appears on our site, please contact info@earpsports.com Jurisdiction and Applicable Law The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. These terms of use are governed by English law.