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Terms of Use
TERMS OF USE
Legal entity is Mark Humphrey Trading as SportingScribe.com.
For the purpose of this document, the terms SportingScribe.com - sportingscribe.com or any part of the combination refer to the legal entity - Mark Humphrey trading as SportingScribe.com
1. Acceptance of Terms
1.1 By accessing SportingScribe.com, whether or not you become a registered user ("User", "You", “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood.
1.2 We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep Yourself informed of any changes.
1.3 By using SportingScribe.com, You agree that the posting of new or revised Terms on or within SportingScribe.com shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of SportingScribe.com after any such changes or after explicitly accepting the new Terms upon logging onto SportingScribe.com shall constitute Your acceptance of such changes.
1.4 The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. To the extent that there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.
2. YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of SportingScribe.com may require future registration. By registering, You represent and warrant that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individual, independent professionals who are eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using SportingScribe.com other than browsing.
2.2 In respect of Your use of these Registered Areas, You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide, or SportingScribe.com has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or SportingScribe.com otherwise reasonably considers that You have failed to comply with any provisions of these Terms, SportingScribe.com has the right to suspend or terminate Your account and refuse You access to any and all current or future use of the SportingScribe.com website or services.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 In the case of registering as a user, You will receive a password and account designation upon completing any registration process (as described in Sections 2.1 and 2.2). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password and account.
3.2 You agree to: (i) immediately notify SportingScribe.com of any unauthorized use of Your password or account and any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. SportingScribe.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
4. SUPERVISING CHILDREN
SportingScribe.com is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents / guardians who wish to allow their children access to SportingScribe.com should review these Terms and assist such children with the setting up of any relevant accounts and supervise the child’s access to SportingScribe.com. By allowing Your child access to SportingScribe.com, he or she will be able to access all of the SportingScribe.com tools, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by unsupervised children. Accordingly, as the legal guardian, it is Your responsibility to determine whether any of SportingScribe.com and/or information, data, text, software, music, sound, photographs, graphics, video, messages and any other material on SportingScribe.com ("Content") are appropriate for Your child.
5. CONTENT
The SportingScribe.com website includes Content: (i) provided by SportingScribe.com (“SportingScribe.com Content”); (ii) Content that is uploaded, posted, submitted or otherwise transmitted by Users of SportingScribe.com (“User Submissions”); and Content that is uploaded, posted, submitted or otherwise transmitted (iii) by third parties (“Third Party Content”).
(i) SportingScribe.com Content
5.1 All SportingScribe.com Content is provided to You “AS IS” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than their access and usage on the SportingScribe.com website. For that sole and exclusive purpose, SportingScribe.com grants to You a limited, revocable, non-exclusive license to access and use SportingScribe.com privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
5.2 You retain all rights in any User Submission that You provide to SportingScribe.com. You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
5.3 SportingScribe.com may provide in some cases unfiltered access to User Submissions. You understand and agree that SportingScribe.com only acts as a platform for such User Submissions and that We have no liability related to such content posted on the SportingScribe.com website, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. SportingScribe.com cannot, nor does it undertake any obligation to control User Submissions. By their very nature, User Submissions on SportingScribe.com are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. SportingScribe.com does not make any representation or warranty, express or implied, as to User Submissions.
5.4 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You in particular represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
5.5 You grant SportingScribe.com an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with SportingScribe.com, including, without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of SportingScribe.com a non-exclusive license to access and use Your User Submissions through the SportingScribe.com website.
5.6 You understand and agree that SportingScribe.com has no obligation to post any User Submission from You or anyone else. In addition, SportingScribe.com may, in its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the SportingScribe.com website without notice if, in its opinion, such User Submission infringes another's intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, SportingScribe.com reserves the right to determine the final design, layout and functionality of the SportingScribe.com website, which may involve the review, formatting and editing of User Submissions.
(iii) Third Party Content
5.7 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the SportingScribe.com website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or merchant. You agree that: (i) SportingScribe.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the SportingScribe.com website; and (ii) any orders placed by You on, and any product specifications and product availability appearing on, the SportingScribe.com website (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
5.8 Third parties may provide, and the SportingScribe.com website may contain, APIs, links or feeds from or to other websites or resources. Because SportingScribe.com has no control over such sites and resources, You acknowledge and agree that SportingScribe.com is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that SportingScribe.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, services or any other material available on or through any such APIs, links or feeds from or to other websites or resources.
5.9 In the event that You wish to establish a link to the SportingScribe.com website, You expressly agree: (i) not to include the SportingScribe.com website into the frame of another website; (ii) not to create any third party association with SportingScribe.com; (iii) to properly attribute the SportingScribe.com website referred to in Your link to SportingScribe.com; and (iv) to ensure that the link does not state nor imply that SportingScribe.com approves of, sponsors or endorses any other website activity, company, resource or entity, or presents SportingScribe.com and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages SportingScribe.com’s reputation or takes advantage of it.
Irrespective of the promise made by You to SportingScribe.com in term 5.9 regarding the misappropriation and/or any potential confusion in respect of Third Party Content, the link to the SportingScribe.com website does not permit You to use any SportingScribe.com and/or Third Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. If You wish to use SportingScribe.com Marks (See Section 6 below), please send Your request to: admin@sportingscribe.com.
SportingScribe.com reserves the right to require You at any time to remove any link to the SportingScribe.com website.
6. TRADEMARK AND COPYRIGHT INFORMATION
6.1 The SportingScribe.com logo and our slogans are trademarks and copyright material of SportingScribe.com (the "SportingScribe.com Marks"). You agree not to display or use the SportingScribe.com Marks in any other manner without SportingScribe.com’s prior written permission.
6.2 Certain content on the SportingScribe.com website is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. SportingScribe.com shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.
7. COPYRIGHTS AND COPYRIGHT AGENTS
SportingScribe.com respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the SportingScribe.com website, please provide SportingScribe.com with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via this address, admin@sportingscribe.com.
8. MODIFICATIONS TO SERVICE
SportingScribe.com reserves the right at any time to modify or discontinue, temporarily or permanently, the SportingScribe.com website, the Services, the SportingScribe.com Content, the User Submissions, and the Third Party Content (or any part thereof) with or without notice. You agree that SportingScribe.com shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the SportingScribe.com website, Services, SportingScribe.com Content, User Submissions, and Third Party Content. Although SportingScribe.com will take reasonable care in ensuring the SportingScribe.com website, the Services, and the SportingScribe.com Content are up to date, any of the SportingScribe.com website, the Services, and the SportingScribe.com Content may be out of date at any given time, and SportingScribe.com is under no obligation to update it.
9. PRIVACY POLICY
By using the SportingScribe.com website, Services, and SportingScribe.com Content, You or any person You allow to access and use Your account may provide SportingScribe.com with or SportingScribe.com collects certain personal data, including the Registration Data and certain other information about You. By accessing or using the SportingScribe.com website, or submitting Your personal information to the SportingScribe.com website, You agree to SportingScribe.com's use of such data in accordance with the SportingScribe.com Privacy Policy set out at http://www.sportingscribe.com/privacy-policy ("Privacy Policy").
10. TERMINATION
SportingScribe.com may, in its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, the Google Terms, or the BrainTree Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the SportingScribe.com website in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions.
11. DISCLAIMERS
11.1 IF YOU ACCESS AND USE THE SPORTINGSCRIBE.COM WEBSITE, YOU DO SO AT YOUR SOLE RISK. THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTINGSCRIBE.COM EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 SPORTINGSCRIBE.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE FIFA CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 COMMENTARY AND OTHER MATERIALS POSTED ON OR WITHIN THE SPORTINGSCRIBE.COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTINGSCRIBE.COM, OR THROUGH OR FROM THE SPORTINGSCRIBE,COM WEBSITE, THE SERVICES, OR THE SPORTINGSCRIBE.COM CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND SPORTINGSCRIBE.COM DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE SPORTINGSCRIBE.COM WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR SPORTINGSCRIBE.COM CONTENT.
12. INDEMNIFICATION
You agree to indemnify and hold SportingScribe.com and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the SportingScribe.com website, the Services, or SportingScribe.com Content, including without limitation any content, or User Submission, as well as Your connection to the SportingScribe.com website, Services or SportingScribe.com Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the SportingScribe.com website, Services, or SportingScribe.com Content, by You infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
13. LIMITATION OF LIABILITY
You expressly acknowledge and agree that SportingScribe.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SportingScribe.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the SportingScribe.com website, Services, or SportingScribe.com Content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SportingScribe.com website; (iii) unauthorized access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party on the SportingScribe.com website, Services, or SportingScribe.com Content; (v) results of the SportingScribe.com website, Services, or SportingScribe.com Content, any of the SportingScribe.com website, Services, or SportingScribe.com Content linked to it and any materials posted on it; or (vi) any other matter relating to the SportingScribe.com website, Services, or SportingScribe.com Content.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the SportingScribe.com website, Services, or SportingScribe.com Content, must be filed within one (1) year after such claim or cause of action first arose.
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 11 and 12 may not apply to You.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of SportingScribe.com or any other liability which cannot be excluded or limited under applicable law.
15. NOTICES
Notices to You will be made via either email or post to the relevant email address or postal address provided by You to SportingScribe.com from time to time.
If We amend these Terms in any way We shall place an updated version on this page of the SportingScribe.com Website. The SportingScribe.com Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or within the SportingScribe.com website.
16. GENERAL INFORMATION
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and SportingScribe.com in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and SportingScribe.com, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third-Party Content or third-party software.
16.2 Any failure by SportingScribe.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. SportingScribe.com may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
16.5 The Terms and the relationship between You and SportingScribe.com shall be governed by the substantive laws of Australia. All disputes in connection with these Terms are to be resolved by the Magistrates Court of Melbourne.
16.6 These Terms have been drafted in English and have no alliance with any other language. Any interpretations/translation of the English language is solely at the user’s discretion. SportingScribe.com will not be liable for any such interpretation/translation by You or any third party of these Terms.
17. DELIVERY OF SERVICES
The timeframe for delivery of services will be as follows:
Product/service delivery will be completed within 7 days:
a) after initial approval of purchase.
b) after confirmation of payment approval.
18. REFUNDS
18.1 Advertising/Classifieds
In the case of advertising and classifieds the purchaser has the sole responsibility of approving the product prior to launching. Care should be taken by the customer to proof check any advertising or classified entry prior to submitting the entry for launching. The customer agrees that they waive their right to a refund on advertising or classified entries under these normal circumstances. In the case an advertisement or advertising entry is not accepted for display by sportingscribe.com, a full refund will be deposited into the customers account within 28 days.
18.2 PURCHASE OF GOODS
Any refund/exchange of goods purchased through the terminal of sportingscribe.com will be at the discretion of the supplier. Sportingscribe.com will not be responsible and accepts no responsibility for the condition, accuracy, quality, delivery or the like of any goods or services offered by 3rd parties through the Sportingscribe.com terminal. Care should be taken by the purchaser to carefully check all details and conditions of the product with the seller prior to purchase.
19. VIOLATIONS
Please report any violations of the Terms to SportingScribe.com via or contact us page.