IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE CONDITIONS, WHICH TAKE EFFECT IMMEDIATELY FROM THE MOMENT YOU FIRST USE THIS WEBSITE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE AND SHOULD REFRAIN FROM ACCESSING THIS WEBSITE IN THE FUTURE.
‘Conditions’ means these terms and conditions of use of our Website;
‘we’, ‘us’ or ‘our’ means talkSPORT Ltd, a public limited company incorporated in Northern Ireland with registered number NI004230 and/or any of its subsidiary undertakings from time to time (the ‘Group’), as applicable;
‘you’ and ‘your’ means the user of this Website; and
‘Website’ means this website.
1 You may access most areas of this Website without registering your details with us. Certain areas of this Website may only be open to you if you register.
2 By accessing any part of this Website, you shall be deemed to have accepted these Conditions in full. If you do not accept these Conditions in full, you must leave this Website immediately.
3 We may revise these Conditions at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Website.
C. Use of the Website
4 You are permitted to print and download extracts from this Website for your own use on the following basis:
4.1 no documents or related graphics on this Website are modified in any way;
4.2 no graphics on this Website are used separately from accompanying text; and
4.3 our copyright and trade mark notices and this permission notice appear in all copies.
5 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Conditions, any use of extracts from this Website other than in accordance with paragraph 4 above for any purpose is prohibited. If you breach any of the terms in these Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6 Subject to paragraph 4, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7 Any rights not expressly granted in these Conditions are reserved.
D. Service Access
8 While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
9 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10 We do not warrant that functions contained in this Website will be uninterrupted or error free, or that defects will be corrected, or that the Website or the server are free of viruses or bugs (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
E. Visitor Material and Conduct
12 You are prohibited from posting or transmitting to or from this Website any material:
12.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
12.1.2 for which you have not obtained all necessary licences and/or approvals; or
12.1.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
12.1.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
13 You may not misuse the Website (including, without limitation, by hacking).
14 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 10 or paragraph 11.
F. Exclusions and Limitations
15 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
16 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this Website.
17 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of: 17.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website;
17.2 the unavailability of our Website (or any part of it); or
17.3 any misrepresentation on or relating to our Website (other than a fraudulent misrepresentation made by us or on our behalf).
18 Under no circumstances will we (including, for the avoidance of doubt, any member of the Group) be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
18.1 loss of data;
18.2 loss of revenue or anticipated profits;
18.3 loss of business;
18.4 loss of opportunity;
18.5 loss of goodwill or injury to reputation;
18.6 losses suffered by third parties; or
18.7 any indirect, consequential, special or exemplary damages arising from the use of this Website regardless of the form of action.
19 You agree that each of these limitations is reasonable having regard to the nature of our Website.
20 None of the exclusions or limitations above shall exclude or restrict our liability for death or personal injury caused by our negligence.
21 None of the exclusions or limitations above shall affect any statutory rights which are not capable of being excluded.
22 Each of the exclusions or limitations above shall be construed as a separate, and severable, provision of these Conditions.
G. Links to other websites
23 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
H. Intellectual Property
24 The names, images and logos identifying the Group or third parties and their products and services are subject to copyright, design rights and trade marks owned by us and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of the Group or any other third party.
I. Contributions to the Website
4 The comment and message board sections of this Website are intended to be an area where you can read and engage in lively, rational discussion on any issue. We are keen for the section to promote honest and forthright discussion of the issues and to allow people of all opinions to express their views.
5 You are welcome to post, transmit or submit messages and other materials (including any text, photographs, graphics, video or audio) to our message boards, chat rooms or other designated public areas within this Website, subject to you agreeing to these Conditions.
6 You retain all copyright in any information you post on this Website. On submitting your contribution you agree to grant to us a non-exclusive, royalty-free, transferable, worldwide licence to use, copy, adapt, modify, sublicense, transmit, distribute, publish or display your contribution or any part thereof as we see fit.
J. House Rules
7 Contributions to this Website are subject to the following terms:
7.1 Our moderators will view all comments before appearing on this Website. Our moderators will assess the comments solely on the basis of the rules outlined in these Conditions. If they believe that the comment exceeds the boundaries outlined here, the comment will be deleted and will not appear. If a comment includes unacceptable elements, we reserve the right to delete the entire comment. The decision of our moderators is final and no correspondence will be entered into.
7.2 We will not respond to comments posted on this Website. If you require a response please complete the ‘contact us’ section of this Website.
7.3 Criteria which our moderators judge comments on include, but are not limited to defamatory, libel, racism, sexism, sectarianism, obscenity, threatening language, impersonation or expressing support for a proscribed organisation.
7.4 We would ask that you use your name on comments wherever possible. Again this helps to add to the mature and constructive debate on the Website. If for any reason you decide to use a pseudonym we would ask that you choose a name that is not offensive in any way and adheres to the boundaries outlined above.
7.5 Please ensure that your comments do not contain any offensive, unlawful or objectionable content. Any comments that are unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable are not acceptable. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
7.6 Please do not use swear words in your comments. Please try to ensure spelling, punctuation and grammar in your comments are of a suitable standard. Due to the substantial number of comments we receive, our moderators do not have the time to correct your spelling.
7.7 Please do not post messages that are not related to the topic being discussed. We understand that discussions can widen beyond the original topic and are keen to foster debate, but comments that are irrelevant contribute nothing to the debate.
7.8 Please do not post the same comment a number of times. Once is sufficient. Our moderators check comments regularly and if you are patient it should appear within a reasonable period of time.
7.9 These Conditions may be amended from time to time. It is your responsibility to check for, and adhere to, the updated Conditions. The views expressed in the comment section in no way reflect those of any member of the Group. We take no responsibility for posts on this Website.
7.10 Users should not breach copyright restrictions by posting information in any form (e.g. text, video, audio, graphics) to which they do not hold the copyright. Use of this Website constitutes your acknowledgement and acceptance of the Conditions outlined.
8 We advise that you never reveal any personal information about yourself or anyone else (including telephone number, home address or email address) through any postings on this Website.
9 If you enter a competition with us or one of our partners or sponsors through this Website or otherwise, then such competition will be governed by our competition rules. A copy of our principal Competition Rules appear on this Website. Additional rules specific to each competition will also apply and will appear in a Competition Notice that will be published on this Website (or such other place as shall be notified) on or before the commencement of each competition.
M. Right of Automatic Suspension
10 We shall have the right to immediately suspend your access to our Website if you commit a breach of these Conditions, and the right to remove any material that we, at our sole discretion, consider to be defamatory, abusive or otherwise in breach of any of these Conditions.
11 In the first instance, if you fail to abide by these Conditions when contributing to the message board or any other public areas of this Website, we will inform you by email that your contribution has been refused or edited. Our email will further include a warning stating that any continued breaches by you of these Conditions may result in action being taken against your account.
12 In the event that you post or send any offensive or inappropriate content anywhere on this Website or otherwise engage in any disruptive behaviour on the Website and we deem this behaviour to be serious, we will use whatever information we hold on you to prevent further breaches of these Conditions. This includes informing third parties such as your employer, your school or the police.
34 You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Conditions or any use of our website.
35 If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term or condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
OUR DOWNLOAD SERVICE
37 The sale of any download made pursuant to these Conditions shall constitute a perpetual non-exclusive licence from us to you to use the download on the device to which it is transmitted and for no other purpose whatsoever. Automatic security systems will detect any attempts to distribute protected content and may result in the originating user having their subscription terminated with no financial redress. Any user names and passwords used are intended for a single person only and may not be passed onto any third parties. Our judgement on any cases made will be final. Questions regarding the rights of use of any content may be directed to us via the ‘Contact Us’ link on the Website.
38 We accept no responsibility for content which you may find unsuitable and cannot accept liability for any loss or damage caused to your device(s) by our service. This does not affect your statutory rights as a consumer.
39 In the event that you experience problems downloading any content from the Website, please contact us via the ‘Contact Us’ link on the Website. We cannot accept any liability for problems relating to external party software or services including, but not limited to, download directory websites such as iTunes and Worldpay payment software. Any refund will be given at our discretion. Refunds will not be given for cancellation of a subscription before it has finished. If you require a refund, please contact us via the ‘Contact Us’ link on the Website.
40 All downloads, files, content, logos and intellectual property are protected by copyright by us. Content to which you have subscribed is intended for personal use only and may be copied between your PC and your MP3 player. Distribution, duplication, transcription, rebroadcast, re-sale or performance to a third party is specifically prohibited without our specific written permission.
41 No waiver by us of any breach by you of any of these Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
V. Law and Jurisdiction
42 These Conditions shall be governed by and construed in accordance with English law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the English courts.