TERMS AND CONDITIONS OF YOUR — USE OF THIS WEBSITE
PART A – GENERAL — USE TERMS
1. Terms of Website use
1.1. Mons Calpe SC(“we”, “our” or “us”) operates the www.monscalpesports.club website and the www.monscalpesports.club website (“Website”). Our registered office is Mons Calpe SC, Turnbulls lane #3 , Suite 5 GX11 1AA Gibraltar. The terms “you” and “your” refers to you, as user or viewer of the Website. These terms and conditions of use (“Terms”) apply to your use of the Website and by continuing to use this Website you are confirming that you accept the Terms set out below and the additional usage terms set out in the relevant parts of the Website.1.2 1.2. In the event of any conflict between Part A of these Terms and any other terms and conditions of use of the Website, then in relation to your use of The Website, these Terms shall take precedence and prevail.
2. Changes to these Terms and additional terms
2.1. We may change these Terms from time to time. We will post the updated Terms on the Website, and they will take effect immediately.
2.2. Your ongoing use of the Website after these Terms have changed will be treated as your acceptance of the updated Terms, so you should check these Terms regularly.
2.3. In certain parts of the Website, additional usage terms may apply and these will be drawn to your attention when you register an account and by hypertext links within the relevant part of the Website. You should read these additional usage terms carefully as they will govern your use of the relevant parts of the Website if you proceed to use them. These may be updated in a similar manner as clause 2.1 above and the provisions of clause 2.2 shall also apply to those terms in the same way.
2.4. Whilst the majority of content submitted by users will appear in a dedicated area of the Website called ”, some content submitted by users may be displayed in areas of the Website where registration is not required to view this. Please see the terms within Part B for more information about how we require submissions to be made.
3. Our liability
3.1. The Website is provided on an “as is” basis so whilst we endeavour to ensure the accuracy of the information placed on the Website we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to in the Website. We do not warrant that the Website, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of the Website will be uninterrupted.
3.2. Subject to clause 3.3 below, we shall not be liable to you for:
3.2.1. Any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business data suffered by you;
3.2.2. any loss or damage which is not reasonably foreseeable;
3.2.3. any loss or damage which may be incurred by you as a result of:
126.96.36.199. any changes that we make to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it;
188.8.131.52. the deletion of, corruption of, or failure to store any Submissions (and other data) maintained or transmitted by or through your use of the Website ;
184.108.40.206. the availability of or result through reliance on, any third party websites accessed through hyperlinks in the Website (including goods and services supplied or made available through such third party websites);
220.127.116.11. your failure to provide us with accurate registration information; or
18.104.22.168. your failure to keep your password or Website Account (as defined in clause 7) details secure and confidential, or your inclusion of any personal information within a Submission (as defined in clause 15.1).
3.2.4. The limitations on our liability to you in paragraph 3.2.3 shall apply whether or not we have been advised of the possibility of such losses arising in advance.
3.3. We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.
3.4. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
4. Your liability
4.1. You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which we or any of our group companies or personnel may incur as a result of to any breach of these Terms by you, or in connection with the use of the Website or any Submission or other transmission of any message or information on the Website by you from your Website Account.
5. Linking from the Website
5.1. The Website may provide hyperlinks to other websites which are not owned by us, the content of which is not in our control. Accordingly we cannot accept any responsibility for the content, materials (including goods or services) or practices featured on such websites. Links to such websites are not to be taken as our endorsement of them or any content within them or as a warranty that such websites will be free of viruses or other such items of a destructive nature.
6. Use of our Content
6.1. All content which features on the Website which is provided by us or on our behalf including but not limited to the text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material (together, “Content”) is protected by copyright, trade mark rights and/or other intellectual property rights owned by or licensed to us (“MCSC Content”).
6.2. You are permitted to download, print or copy any MCSC Content from the Website, provided that you:
6.2.1. do so only for your personal, non-commercial use;
6.2.2. acknowledge us as the source of the material; and
6.2.3. do not use the MCSC Content in any other manner.
6.3. You must apply to us using our online contact form for the appropriate consent and conditions to use the MCSC Content for any use other than as set out in clause 6.2.
6.4. We reserve any other uses of, and rights in, the MCSC Content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.
6.5. For certain MCSC Content (such as part of any pay-per-view arrangement), or where our suppliers have required us to do so, separate and/or additional usage terms may apply and these will be marked on the relevant part of the Website.
6.6. You must not, nor try to, make mass, automated or systematic extractions of the MCSC Content, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the MCSC Content.
7. Registration for a Website Account
7.1. Whilst enjoyment of some of our Website does not require registration and can be accessed as a casual visitor, there are areas where access and/or the ability to interact with other users on the Website requires completion of a simple registration process in order to obtain a username and password necessary to access these areas.
7.2. We will open an account for you when you complete your registration for the Website (the “Website Account”). You must provide complete and accurate information about yourself, and notify us to keep this information up to date.
7.3. You need to select a password to access your Website Account. You agree not to reveal your password to other users as your Website Account is at risk if you let someone use it inappropriately.
7.4. It may be necessary for us to refuse some registration applications for example to prevent fraudulent use of the Website.
7.5. Maintaining the security and integrity of the Website is necessary to enable all our users to use it safely and effectively. You agree:
7.5.1. not to abuse the access or registration process; and
7.5.2. to take responsibility for any improper or illegal use of your Website Account (including illegal or improper use by a third party who has used your password to access your Website Account) and repay to us with any costs and/or losses that we suffer as a result.
8. Closing your Website Account
8.1 These Terms shall continue to apply to your use of the Website generally, however you may decide to close your Website Account. You may do so by notifying us at any time by sending an email stating such to us through our online contact form.
9. Termination of your Website Account
We may at any time, terminate your Website Account if:
9.1. you have breached any provision of these Terms or any other additional usage terms on this Website (or acted in such a manner which indicates that you cannot or do not intend to comply with these Terms or any other additional usage terms on this Website);
9.2. we decide to no longer provide an area on the Website for users to interact and/or access the MCSC Content (which could be for commercial reasons);
9.3. we are required to do so by law;
9.4. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
9.5. we no longer want to offer this service to you.
10. Terms held to be invalid or unenforceable
10.1. If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.
11. Waiver of our rights
11.1. A failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.
12. Governing Law
12.1. These Terms and your access to and use of the Website are subject to:
12.1.1. (if you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or
12.1.2. (if you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.
12.2. Notwithstanding clause 11, you agree that we shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.
PART B – TERMS RELATING TO
13.1. We have developed a dedicated area of the Website which will allow users of the Website (aged 13 years of age and over) who have registered a Website Account, to make submissions of content. For the purposes of these Terms, all references to the dedicated area of the Website where users can make submissions, shall include other parts of the Website where these submissions are made and displayed, if outside of .
14.1. Protecting the online privacy of children is especially important to us and whilst we provide access to all areas of the Website to users who are aged under 13 years of age, functionality of Website Accounts will be limited so that users who are aged under 13 years of age will not be able to make Submissions, and other areas may be restricted from time to time.
14.2. If we reasonably believe a Website Account is created by, or being used by a user under 13 years of age, we reserve the rights to terminate such Website Account without any warning and remove all Submissions made from it. Whilst we use our reasonable efforts to prevent Submissions by users who are younger than 13 years of age, we are not responsible for users who do not comply with these strict provisions of these Terms and/or lie about their age when registering a Website Account.
14.3. We want younger users to enjoy safely. For more information about safety online go to the reporting section.
15. Use of your Content
15.1. Certain areas of the Website may allow you to supply Content to the Website (each a “Submission”) which can be accessed and viewed by both us and other users.
15.2. By making a Submission, you acknowledge and represent that
15.2.1. you are the copyright owner of such Submission, or you have been granted the express permission of the copyright owner to make the Submission;
15.2.2. you have or have been granted the rights necessary to grant us the licences detailed at clause 15.3 below; and
15.2.3. that each person depicted in any Submission (if any) has provided you with express consent to use the Submission as envisaged in these Terms.
15.3. Notwithstanding any other provision within these Terms, by making a Submission you retain all ownership rights in the Submission, and grant:.
15.3.1. to us, a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence (with rights to sub-license) to reproduce, adapt, translate, reformat, display and/or distribute any such Submission (including, but not limited to, for promoting the Website and/or making the Submission available to other users of the Website) without acknowledging the source; and
15.3.2. to any user of the Website, a worldwide, non-exclusive, royalty-free, irrevocable, licence to access your Submission through the Website, and to use, reproduce, display such Submission to the extent as permitted by the Website functionality and these Terms.
15.4. You understand and acknowledge that no sum (including compensation) will be paid to you with respect to the use of your Submission and that we shall be under no obligation to use all or part of the Submission either on the Website or for any other reason.
15.5. If you do not want to grant us the permission set out above on these Terms, please do not submit or share your contribution as a Submission on .
16. Rules in We Site
16.1. We want all users to be able to access and communicate with each other safely. In order for this to be possible, we have set out some rules in this clause 16, that all users must agree to and comply with, as part of these Terms. We expect you to respect other users’ rights and comply fully with these Terms at all times, particularly in relation to any Submissions that you make.
16.2. To the extent that we are notified of or become aware that you have made a Submission that is in breach of these Terms, we will delete or amend it and we reserve the right to remove your Submission from and/or terminate your Website Account without notification, either temporarily or permanently, and to take any other action we consider appropriate, including legal action.
16.3. You agree that the following behaviour (or anything similar) in relation to any Submission is not acceptable, and you agree not to engage in any conduct throughout that:
16.3.1. is unlawful, offensive obscene, threatening, abusive, harassing, deceptive, fraudulent, libellous, defamatory, tortious, invasive of another person’s privacy or contains explicit or graphic descriptions of a sexual nature;
16.3.2. victimises, degrades, or intimidates or expresses hatred towards another individual or group of individuals on the basis of race, ethnicity, age, gender, disability, religion or sexual orientation;
16.3.3. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
16.3.4. that may cause any liability for us or our group companies;
16.3.5. breaches any third party’s rights including, without limitation, copyright, patent rights, trade mark rights, performer’s rights or rights of confidence;
16.3.6. involves the posting of personal information including user telephone numbers, email addresses or home addresses, confidential of personal information about any third party;
16.3.7. impersonates any person or entity, including us or our employees;
16.3.8. is likely to disrupt, damage or impair the functioning, stability or security of our Website, server or network;
16.3.9. involves the use of this Website for commercial purposes including the promotion and/or sale of any goods or services (including stocks, shares, financial services or pyramid schemes); or
16.3.10. involves the posting of messages in a language other than English.
17. Monitoring Submissions
17.1. We reserve the right to, but you acknowledge that we are not under any obligation to monitor or review and you agree that you are entirely responsible for all Submissions that you (or a third party using your Website Account) makes available on .
17.2. Notwithstanding clause 17.1, we may use an external moderator and also a small team of volunteer moderators for limited periods each day, in order to ensure that all users comply with these Terms. Please appreciate that this moderation service is provided for your safety and the continued use of , so please help to minimise the workload of these moderators by complying with these Terms and reporting any Submissions that offend you or infringe other party’s rights.
17.3. We reserve the right to edit, delete or remove without notification any Submission in that in our reasonable opinion fails to comply with these Terms. Furthermore we reserve the right to edit, delete or remove without notification any Submission that in our reasonable opinion might infringe a third party’s rights, or detract from the Website or in any way bring it, us or our name into disrepute.
17.4. If you think that any Submission, or you receive any communication in that does not comply with these Terms or that you consider are inappropriate, offensive, infringes your or anybody else’s rights, then please contact us immediately by using the ‘Report Abuse’ or ‘Report Post’ links (located within the relevant Submission) or if the report procedure has been used without response within a reasonable timeframe, then please send an email.
17.5. Mons Calpe SC will not be responsible for any content and Mons Calpe SC does not endorse, support or make any representations or warranties of any kind about any opinions expressed by users. Opinions expressed are those of the creator and not of Mons Calpe SC.
ACCEPTANCE OF THE TERMS AND CONDITIONS
You hereby acknowledge that you have read and agree to be bound by the above Terms for subscription to Premium content as well as the General Terms and Conditions.