Terms & Conditions for the Use of the Members Area Web Site for Gladiator 3

Background

This agreement applies as between you, the user of this Web Site who has been granted access via a personal username and password, and Waverley Media Ltd (whose registered office is 99 Weyhill, Haslemere, Surrey, GU27 1HT, registered in the UK with company registration number 03683874), the owner and provider of this Web Site (also referred to as “The Company”, “we”, “us, and “our”) and covers your use of this Members Area Web Site.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Members Area Web Site for Gladiator 3.

You have been granted access to this Web Site because you have made a purchase of the programme from Waverley Media Ltd and are therefore considered to be a user of the programme, or because you are an employee or affiliate of Waverley Media Ltd.

If your purchase of Gladiator 3 requires you to make monthly membership payments, you may access this Web Site and use the facilities provided here only for as long as you maintain your monthly fee.

For queries regarding your payment or your subscription, or the guarantees, please see the Terms & Conditions of purchase that will have been provided to you at point of purchase.

Computer Capability and Broadband Speed

A slow computer or broadband connection may affect your ability to use this website, to use any relevant software, and to use Trading Exchanges such as BetDaq. You must use a PC, laptop, or Mac that allows you to look at websites and have access to a broadband connection with adequate speed. The Company is not responsible for any limitations to your business activity due to your own computer or broadband speed.

Intellectual Property

Unless specified, all Content regarding the programme provided at via this Web Site, including any information provided via the support functions, unless uploaded by Users, including, but not limited to, printed manuals, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property, or that of our affiliates. By using this Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Unless given permission by The Company you may not print, reproduce, copy, distribute, store or in any other fashion re-use Content given to you via this Web Site or subsequently provided in any other format including via the support function in any other capacity other than for personal use unless given express written permission to do so by The Company. Specifically you agree that: you will not use the Content provided for commercial purposes; you will not distribute the content provided in any form whether verbal, electronic, printed, or other form to any third party; and you will not systematically copy Content provided with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by a representative of The Company.

Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied wherever possible by a notice providing the contact details of The Company and any separate use policy that may be relevant.

You may under no circumstances redistribute in any form whatsoever video, PDF or MP3 or any other content to any third party.

Fair Use of Intellectual Property

Material from the Web Site (except information, Videos, PDF or MP3 files or any other material supplied as part of your subscription) may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under our control. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Use of Communications Facilities and Content Submission

When using interactive content and / or any other part of the programme and when submitting comments, answers or rating to the Web Site you should do so in accordance with the following rules:

you must not use obscene or vulgar language;
you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
you must not submit Content that is intended to promote or incite violence;
it is advised that posts on the support site, emails, message boards, chat facilities or similar and all other communications are made using the English language(s) as we will be unable to respond to enquiries submitted in any other languages. Content in any other language may be removed at our sole discretion;
you must not post links to other web sites containing any of the above types of Content;
the means by which you identify yourself must not violate these terms of use or any applicable laws;
you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
you must not impersonate other people, particularly employees and representatives of The Company or our affiliates
you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System, which then may be subject to moderator approval and potentially removed without notice.

In order to use the support site and any other communication facility that may be added in the future or to submit content, you are required to submit certain personal details. By continuing to use the Members Area Web Site you represent and warrant that:

any information you submit is accurate and truthful; and
you will keep this information accurate and up-to-date.

By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant The Company a licence to modify the Content as necessary for its inclusion on the Web Site. The Company accepts no responsibility or liability for any infringement of third party rights by such Content.

Unless a User informs The Company otherwise, in advance of posting, in writing, and The Company agrees to any terms or restrictions, all Content submitted is for publication on the Members Area Website and other such uses as The Company may deem appropriate under a royalty-free, perpetual basis.

Content submitted by Users may not be screened by The Company prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query via email to support@gladiator3.com. This does not constitute an undertaking to explain our actions.

Termination and Suspension

In the event that any of the provisions of the Terms and Conditions above, or any of those of the Terms and Conditions of Purchase, are not followed, The Company reserves the right to suspend or terminate your access to the Programme and to this Web Site. Any Users banned in this way must not attempt to use the Members Area Web Site under any other name or by using the access credentials of another User, with or without the permission of that User. Any instance of termination or suspension will also apply to any downloadable content provided in the Members Area.

Third Party Products and Services

In the circumstances where you may be able to order services, merchandise or other products through our Web Site from other parties (collectively, the “Third Party Sellers”), all matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Availability of the Members Area Web Site

The Members Area Website and all access to any forums, chat or any interactive content is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Company accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Tony aims to provide regular support to customers on a daily basis via the Support Area. However, there may be times when he is unavailable for short periods of time due to sickness, holiday, inability to access the internet, or other reason, and the Company accepts no liability for any disruption or delay caused by Tony being unavailable.

Tony will make every effort to ensure that customers are made aware whenever he will be unavailable for more than a day.

Your Password and User Account

If you are a User of the Members Area Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Privacy

Use of the Web Site is also governed by our Privacy Policy https://gladiator111.com/privacy-security/ which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

Limitation of Liability

To the maximum extent permitted by law, The Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use Members Area Web Site and its Content (Including forum, chat and other interactive services) entirely at their own risk.

Nothing in these terms and conditions excludes or restricts The Companies liability for death or personal injury resulting from any negligence or fraud on the part of The Company.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Disclaimers

Whilst every effort has been made to ensure that all descriptions of services available from the programme correspond to the actual services available, The Company is not responsible for any variations from these descriptions.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Notices

All notices / communications shall initially be given to either party by email. The Company’s address for all notices is support@gladiator3.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Subsequent communication from The Company to you will indicate whether notification by post to our premises is also required.

Children

This System is not for use by children and is not directed to children. Purchase and use is solely for individuals who are eighteen (18) years or older.

Law and Jurisdiction

These terms and conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Laws of England and Wales and The Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.