Membership Terms and Conditions
In these Membership Terms:
- My Account has the meaning given to that term in clause 12.
- In these Membership Terms, a reference to “we” or “us” means 12th Man Media a reference to “you” or “your” means a Member and a reference to “Site” or “Sites” means www.mrfixitstips.co.uk.
http://www.mrfixitstips.co.uk is owned and operated by 12th Man Media Ltd.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and 12th Man Media may, at its sole discretion, elect to:
- refuse your request to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time
12th Man Media is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.
You must notify 12th Man Media in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify 12th Man Media, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Member.
3. Benefits conferred by Membership
By being registered as a Member you are, subject to these Membership Terms, entitled to:
- participate in online forums, clubs and comment on posts
- generally make use of the Membership section of the Sites
4. 12th Man Media’s Role
The Sites are online facilities that allow you to participate in the Sites’ online community.
12th Man Media does not have any control over, and does not take any responsibility for, the quality, and accuracy of any betting advice or content from the Sites.
12th Man Media does not warrant that any content from the Sites does not infringe the intellectual property rights of a third party. Each Member is required to warrant that its content does not infringe the intellectual property rights of any third party.
5. Availability and Use of the Sites
The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.
12th Man Media may, in its absolute discretion, and for any reason, and at any time, with or without notice:
- interrupt or suspend your right to access the whole or any part of the Sites; and/or
- alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
You agree that 12th Man Media will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Sites (as a Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.
6. Fees and Services
Basic Membership is free.
Costs associated to other Levels of Membership will be detailed at http://www.mrfixitstips.co.uk/choose-your-plan
Monthly and Annual Membership payments are recurring. For monthly memberships, payments will be taken each month on same day of the month that you first signed up. Similarly, Annual Membership payments will be taken on the same day of each year that you first signed up.
You can cancel your membership at any time.
If you cancel within 7 days of the date that you made your first payment as a member you will be entitled to receive a refund of that first payment amount. To claim the refund you must instruct 12th Man Media in writing via email at [email protected] within 7 days of that first payment being made. Your first payment will be refunded with 28 days. Refunds are entirely at the discretion of 12th Man Media.
7. Member Information
When you want to become a Member and use the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by 12th Man Media, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.
8. Proprietary Rights
12th Man Media, its licensors, advertisers or affiliates own all:
- the content of the Sites
- the look and feel, design and the organisation of the Sites;
- the compilation of the materials on the Sites; and
- the intellectual property rights (if any) subsisting in the content created by members
Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting in any of those things.
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trademarks of 12th Man Media and others.
A Trademark may not be used by you without the approval of its owner.
Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of its owner.
10. Confidential Information and Privacy
12th Man Media does not warrant or represent that your use of the Sites will be confidential.
12th Man Media is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.
While 12th Man Media has taken precautions to protect information that you transmit to the Sites over the internet, 12th Man Media does not warrant the security of that information. Once 12th Man Media receives your transmission, 12th Man Media will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Sites.
When using the Sites or dealing with other users of the Sites you must respect the privacy and legal rights of other Members.
11. Member Accounts
When you become a Member you will have a single account that is accessible by you from the Sites (My Account). Among other things, through your Member Account, you will be able to access invoices which records payments by you to 12th Man Media.
12th Man Media will from time to time send you emails relating to the Sites and your membership. Additionally, as a member you agree to receive newsletter and promotional emails from the Sites. These communications may include promotions from 12th Man Media partners. You will be able to unsubscribe from receiving emails by clicking on the unsubscribe link within the email.
12. Prohibited Conduct
You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:
- use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorised access to other computer systems through the Sites.
You must not:
- engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
- obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Sites by any means;
- use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
- use the Sites or the Sites’ services or features in violation of 12th Man Media’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Sites or the Sites’ services in violation of any applicable law.
You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorised use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites.
You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.
12th Man Media reserves the right, in its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Sites complies with these Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from 12th Man Media.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.
13. Linking to the Sites
You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to any of the Sites in any manner such that the Sites, or any page of the Sites, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
14. Third Party Sites
You may be able to link from the Sites to third party web sites and third party web sites may link to the Sites (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between 12th Man Media and the operator of that Linked Site or any endorsement or sponsorship by 12th Man Media of that Linked Site.
12th Man Media disclaims any liability for links:
- from another web site to any of the Sites; and
- to another web site from any of the Sites.
12th Man Media is not responsible for any form of transmission received from any Linked Site.
15. Public Forums and Comments
12th Man Media may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:
- restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
- are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
- constitute commercial solicitation or ‘spam’ of any kind; or
- constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from 12th Man Media.
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.
12th Man Media reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and 12th Man Media is not responsible for, and assumes no liability for, any such materials posted by users. However, 12th Man Media reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in 12th Man Media’s sole discretion are objectionable or in violation of these Membership Terms, 12th Man Media’s policies or applicable law.
12th Man Media may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
12th Man Media does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
- 12th Man Media and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- 12th Man Media does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- 12th Man Media does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of 12th Man Media) will 12th Man Media or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of funds whatsoever which result from any use or access of, or any inability to use or access, the Sites.
To the fullest extent permitted by law, 12th Man Media’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of 12th Man Media to the following:
- in the case of services supplied or offered by 12th Man Media:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by 12th Man Media:
- the replacement of the goods or the supply of equivalent goods; or
- The payment of the cost of replacing the goods or acquiring equivalent goods.
17. Indemnification and Release
You are solely responsible (and agree that 12th Man Media has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless 12th Man Media (as well as 12th Man Media’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
- your use of the Sites;
- your placement or transmission of any message, content, information, or other materials through the Sites;
- your breach of any applicable related third party contract or terms of service
- your breach of the law or of these Membership Terms.
12th Man Media reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 12th Man Media’s defence of such claim.
18. Changes to Membership Terms
12th Man Media may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.
19. Relationship between the Parties
Nothing in these Membership Terms:
- constitutes a partnership between the parties; and
- except as expressly provided, makes their party an agent of another party for any purpose.
A party cannot in anyway or for any purpose:
- bind another party; or
- contract in the name of another party.
If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
20. Suspension or Termination
12th Man Media may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
- you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Sites;
- 12th Man Media is unable to verify or authenticate any information you provide to us when you initially sign up as a Member or in the course of using the Sites; or
- 12th Man Media believes that your actions may cause legal liability for you, our other Members or us.
Should 12th Man Media elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account, nor will you be entitled to a refund of any of your Subscription Fees.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.
22. Applicable Laws
If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other laws of the United Kingdom and other countries and may be subject to liability for such unauthorised use.
We control and operate the Sites from our offices in the United Kingdom. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The laws of the United Kingdom govern these Membership Terms. Each of 12th Man Media and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the United Kingdom.