Terms and Conditions
© Totally Sporty Ltd 2010. All rights reserved.
In the context of these terms and conditions, the following words shall have the following meanings:
"Totally Sporty Ltd" means Totally Sporty Ltd, a company limited by guarantee registered under number 06911876;
"The Website" means any website under the ownership or control of Totally Sporty Ltd from which a link has been created to these terms and conditions;
"The Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
"User" means the individual, firm, company or organisation accessing this website or making an Order;
2. Applicable terms and conditions
The Website is owned by Totally Sporty Ltd and any use made of this site (including registrations via the Website), are subject to these terms and conditions. Totally Sporty Ltd may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
3.1 General Use
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
- it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain
- any links created to the Website are notified to and approved by Totally Sporty Ltd before they are created.
- no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Totally Sporty Ltd.
Anyone is entitled to register an account as a sport partner and/or sport team, and use the site provided:
3.2 Grounds for Removal, Sanction and/or Suspension.
Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Website to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Website;
(ii) target members of the opposite sex specifically for dating.
(iii) impersonate any person or entity (including Totally Sporty, Totally Sporty staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iv) disguise the origin of any Public Information that is transmitted to any third party;
(v) "stalk" or otherwise harass another;
(vi) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Totally Sporty Group;
(vii) resell Public Information or access to Public Information;
(viii) collect or store personal data about other users;
or (ix) send an excessive number of emails to other members at one time (we recommend ONLY sending a maximum of 3 emails per day).
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, intimidating, vulgar, obscene, profane, libellous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any Totally Sporty Group; or
(vii) that uses the Website primarily as a lead generator or listing service for another website;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow Totally Sporty staff instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member of a Totally Sporty Group without the permission of that member; or
(g) Transmit money to Totally Sporty or any Host through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Totally Sporty reserves the right to remove any post or other material without warning or further notice.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Totally Sporty and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
3.3 Interference with the Website.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Totally Sporty or any other third party, except with the prior written consent of Totally Sporty or the appropriate third party.
Totally Sporty Ltd reserves the right to delete any accounts (sport partner or sports team) which have been inactive for over 1 year, to ensure that data quality is maintained.
Totally Sporty reserve the right to automatically delete any unarchived messages which are older than 2 months. Users can choose to archive messages at any time, which will prevent messages from being deleted.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by Totally Sporty Ltd. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Totally Sporty Ltd.
4.2 The names and logos of Totally Sporty Ltd and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Totally Sporty Ltd and may not be used without the prior consent of Totally Sporty Ltd.
4.3 All sport club/ venue information cannot be used without the prior consent and written permission of Totally Sporty Ltd.
The website is intended to provide general information only and, as such, should not be considered as a substitute for all other advice regarding sport types, sport clubs and venues in London. So far as permissible by law, Totally Sporty Ltd does not accept any liability to any person relating to the use of any such information.
Whilst Totally Sporty Ltd has taken every precaution in compiling the information on this site, it cannot be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site. Individuals should always use their discretion when meeting other individuals through the site, such as meeting in public places, informing friends and family about their whereabouts and never divulging personal information.
Users should always seek medical advice before participating in any form of physical activity. Totally Sporty Ltd cannot be held liable for any injury or misadventure as a result of any action taken, direct or otherwise on information contained in or accessed through this internet site.
6. Target audience
The Website is intended for use by UK residents and only in relation to their activities within the UK. It may be dangerous to apply any of the information on the Website to activities outside the UK.
Totally Sporty Ltd will endeavour to keep the information as up to date as possible, however on no account should it be held liable for any inaccuracies. Totally Sporty Ltd does not represent or warrant that the information accessible via the Website is accurate, complete or correct. The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
7. Warranty and indemnity
The User warrants to Totally Sporty Ltd that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify Totally Sporty Ltd harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Totally Sporty Ltd, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
8. Limitation of liability
Totally Sporty Ltd hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Totally Sporty Ltd be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Totally Sporty Ltd has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained or advertised through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
9. Third party websites
The Website contains links to websites operated by parties other than Totally Sporty Ltd. Such links are provided for the User's convenience only. Totally Sporty Ltd does not control such websites, and is not responsible for their content. Totally Sporty Ltd's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
10. Privacy and Data Protection
Our Privacy Statement can be read in full here.
Whilst Totally Sporty Ltd makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
Although the Website uses encryption security software for the registration areas on the site in areas, the security of information and payments
transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Totally Sporty Ltd or it's agents.
13. Force majeure
Totally Sporty Ltd shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
14.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
14.2 These terms and conditions constitute the entire agreement between Totally Sporty Ltd and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Totally Sporty Ltd.
14.3 Any failure of Totally Sporty Ltd to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
Totally Sporty Ltd is registered as a company limited by guarantee in England & Wales No. 06911876.
16. Refund Policy
Access to the majority of the Website is free. However we do charge a fee to join the site as a Sports Partner. All Membership Fees are non-refundable. Cancellation and/or termination of membership for any reason does not entitle the user to any refund.
To cancel your premium account on the Totally Sporty website, you can either log into your PayPal Account and cancel the membership directly or email firstname.lastname@example.org to request termination.
TotallySporty Ltd reserves the right to ask for feedback from any user prior to his or her account being deleted.
If you are leaving London and would like your account temporarily disabled, please email email@example.com. We will be able to reactivate your account at any time.
18. Continuous Service Agreement
TotallySporty operates a Continuous Service Agreement for our Membership Fees. This means that Totally Sporty Ltd automatically renews your membership when it's about to expire. Continuous service rates apply to PayPal and credit/debit card payments only when joining as an online member.
Your Totally Sporty membership subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the then-current membership subscription rate. If you cancel your premium membership, you'll enjoy premium membership benefits until the end of your then-current subscription term; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorata refund of any portion of the subscription fees paid.