Terms
IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE WWW.SPORTINGGLORY.COM AND SPORTIINGGLORY.CO.UK ("WEBSITE"). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
THIS WEBSITE IS RUN BY SPORTING GLORY LIMITED ("THE COMPANY").
Introduction
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. On other pages of our Website we may display other terms and conditions which are specific to the contents of that page.
Due to the Christmas rush we have been inundated with orders. When you purchase any goods from us, for example a ringtone, online or CD 'full monty' these products shall be sent to you within 14 days of the date we confirm your order. We shall use all our reasonable endeavours to send the gift to you within 14 days but offer no guarantee. We will however refund your monies if the gift has not been delivered to you within 21 days.
Where applicable, the rules on use of the webcams and chat rooms form part of these terms and conditions
Licence
You are permitted to print and download extracts from this Website on the following basis:
(a) no documents or related graphics on this Website are modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) the Company's copyright notice and this permission notice appear in all copies.
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 the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with the above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. We also reserve the right to commence legal proceedings against you. Subject to the above, 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 the Company's prior written permission. Any rights not expressly granted in these terms are reserved.
Service Access
While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
Visitor material and conduct via the sporting glory 'you' site and the chat room and webcams.
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Nature of our website
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. Although the contents of our website are aimed at users aged 13 and above, you must be over 18 years to subscribe and purchase the services, using the payment method displayed on our website. If you do not qualify, please leave our website now.
Payment
Please note that your credit card statement will refer to payment being taken by Lawdit Solicitors Limited.
We are entitled to refuse any order request placed by you. If your request is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on registration. Such confirmation constitutes performance of our services and you will have no right to cancel the contract once we have done so.
You undertake that all details you provide to us will be correct, that the credit, charge or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of any card before providing you with any goods or services.
You are prohibited from posting or transmitting to or from this Website any material:
(a) 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;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) 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
(d) 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).
(e) You may not misuse the Website (including, without limitation, by hacking).
The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of the terms and conditions of this website
WorldPay is not responsible for any errors with payment amounts, please contact the site owner.
Payment types accepted are:
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does 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.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the logo; (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that the Company is endorsing any products or services other than its own; (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company; (e) you do not otherwise use any trade marks displayed on this Website without express written permission from the us; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted above for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify us for any loss or damage suffered by us for breach of the above.
Disclaimer
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 the Company makes no commitment to update such material.
The material at 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.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in this legal notice shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: February 2007
Text to Vote and other online Competitions
In addition to the above terms these terms apply specifically to the Text to Vote competition on our website.
SportingGlory will take all reasonable steps to make the Services available to You at all times. SportingGlory cannot guarantee a continuous fault free service. SportingGlory puts you on notice that the quality and availability of its Services may sometimes be affected by factors outside its control, such as atmospheric conditions, radio interference, features or functionality of your equipment or your s clients networks or mobile devices, the number of people trying to use the Services at the same time, and faults in other telecommunication networks to which SportingGlory is connected to.
SportingGlory may suspend some or all of the Services to you, without giving notice.
You will remain liable for charges imposed by your mobile operator.
SportingGlory may establish limits concerning the use of the Services.
You agree that SportingGlory has no responsibility for the deletion, corruption or failure to maintain or transmit using our Services and further that it has no responsibility to monitor the use of the Services.
SportingGlory will attempt to deliver any content that forms part of its Services to you within 24 hours of its confirmation to deliver the same to you.
You are fully responsible for all access to the Services using any password, user account information, mobile phone or other device and any and all charges associated with the use of the Services.
You confirm that are 16 + years of age. If you are not using your phone you have the permission from the bill payer to use our services.
The telephone handset you are using is compatible with the service that you are ordering from SportingGlory, before you place an order with us. You accept that standard operator SMS/WAP/GPRS/UMTS charges apply.
You warrant and indemnify SportingGlory that in your use of the Services you shall not do anything that will breach the ICSTIS rules and regulations, the Code, the Act, any rules or guidance issued by the Advertising Standards Agency or other applicable law or regulation in the jurisdiction in which You live.
In no event shall SportingGlory be liable to You whether arising under these terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. Consequential Loss shall for the purposes of this clause mean (i) pure economic loss; (ii) losses incurred by any client of Yours or other third party; (iii) loss of profits (whether categorised as direct or indirect); (iv) losses arising from business interruption; (v) loss of business revenue, goodwill or anticipated savings; (vi) losses whether or not occurring in the normal course of business, wasted management or staff time and; (vii) loss or corruption of data.
The total liability of SportingGlory (whether in contract, tort or otherwise) under or in connection with these terms or based on any claim for indemnity or contribution shall not exceed the sum of 1,000 (excluding any VAT, duty, sales or similar taxes).
No refund shall be given where any element of Service has alrewady been provided to you.
SportingGlory shall not be liable to you if it is prevented form providing the Services due to a matter that is outside its reasonable control.
Where there is a conflict between the terms set out here and anything set out in the Terms and Conditions, the Terms and Conditions shall prevail.
These terms set out in this agreement shall be governed by and construed in accordance with the laws of England and Wales and You submit to the exclusive jurisdiction of the courts of England and Wales in relation to matters pertaining or arising out of these terms.
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