1. Introduction

1.1 These terms and conditions shall govern your use of Sporty Shields.

1.2 By using Sporty Shields, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Sporty Shields.

1.3 You must be at least 18 years of age to use Sporty Shields; and by using Sporty Shields or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in Sporty Shields and the material on Sporty Shields; and

(b) all the copyright and other intellectual property rights in Sporty Shields and the material on Sporty Shields are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from Sporty Shields in a web browser;

(b) download pages from Sporty Shields for caching in a web browser;

(c) print pages from Sporty Shields;

(d) stream video files from Sporty Shields; and

(e) use Sporty Shields services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from Sporty Shields or save any such material to your computer.

4.3 You may only use Sporty Shields for your own personal and business purposes, and you must not use Sporty Shields for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Sporty Shields.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from Sporty Shields (including republication on another website);

(b) sell, rent or sub-license material from Sporty Shields;

(c) show any material from Sporty Shields in public;

(d) exploit material from Sporty Shields for a commercial purpose; or

(e) redistribute material from Sporty Shields.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of Sporty Shields, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Sporty Shields.

5. Acceptable use

5.1 You must not:

(a) use Sporty Shields in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use Sporty Shields in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use Sporty Shields to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Sporty Shields without our express written consent;

(e) access or otherwise interact with Sporty Shields using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for Sporty Shields; or

(g) use data collected from Sporty Shields for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from Sporty Shields to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through Sporty Shields, or in relation to Sporty Shields, is true, accurate, current, complete and non-misleading.

6. Your content: licence

6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Sporty Shields for storage or publication on, processing by, or transmission via, Sporty Shields.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

6.3 You grant to us the right to sub-license the rights licensed under Section 6.2.

6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.

6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6 You may edit your content to the extent permitted using the editing functionality made available on Sporty Shields.

6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.

7. Your content: rules

7.1 You warrant and represent that your content will comply with these terms and conditions.

7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence, in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

8. Limited warranties

8.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on Sporty Shields;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

8.2 We reserve the right to discontinue or alter any or all of Sporty Shields services, and to stop publishing Sporty Shields, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Sporty Shields and the use of Sporty Shields.

9. Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

9.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

9.3 To the extent that Sporty Shields and the information and services on Sporty Shields are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Breaches of these terms and conditions

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a) send you one or more formal warnings;

(b) temporarily suspend your access to Sporty Shields;

(c) permanently prohibit you from accessing Sporty Shields;

(d) block computers using your IP address from accessing Sporty Shields;

(e) contact any or all your internet service providers and request that they block your access to Sporty Shields;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

10.2 Where we suspend or prohibit or block your access to Sporty Shields or a part of Sporty Shields, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Variation

11.1 We may revise these terms and conditions from time to time.

11.2 The revised terms and conditions shall apply to the use of Sporty Shields from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of Sporty Shields from the date that we give you such notice; if you do not agree to the revised terms and conditions; you must stop using Sporty Shields.

11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

12. Assignment

12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

14. Third party rights

14.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

15.1 Subject to Section 9.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of Sporty Shields and shall supersede all previous agreements between you and us in relation to your use of Sporty Shields.

16. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with Poole, UK., law.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Poole.

17. Our details

17.3 Our principal place of business is at Poole, Dorset, UK.

17.4 You can contact us by writing to the business address given above, by using Sporty Shields Ltd., contact form, by email to info@sportyshields.com or by phone on +44 20 3290 3181.