PLEASE READ CAREFULLY BEFORE USE
1. AMENDMENTS TO THESE TERMS
3. PROHIBITION BY LAW
Any individual making use of Pundit, must be over 18 years of age. Please note that users aged 13 or over but under the age of 18 should obtain the consent of a parent or legal guardian each time such they access Pundit Arena. Pundit Arena is not designed for users under the age of 13.
By using Pundit Arena, you understand that you are financially responsible for the applicable costs (if any) arising from your use. You agree and understand that use of Pundit Arena may entail the application of certain incidental usage charges (“Incidental Charges”) during the installation and use of the Service. These Incidental Charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the Incidental Charges which may be incurred prior to the use, installation and/or operation of these Services. In the event that you are under 18 years of age, such responsibility rests with your parent or guardian. You should seek the permission of such parent or guardian in advance in respect of the applicable Incidental Charges.
6. LICENCE FOCUS
6.1 Licence: Pundit Arena hereby grants to you a limited, personal, non-commercial, non-exclusive, non-transferable, revocable, non-assignable, non-sub-licensable licence and right to access Pundit Arena through a generally available web browser, mobile device operating system or mobile application in consideration of your strict and continued compliance with the following conditions:
c) not to use scraping, spidering, crawling or other technology or software of a malicious nature to access or make available to third parties information or data secured by Pundit Arena, whether such data or information relates to Pundit Arena, the content created by Pundit Arena or by you or third party users, in accordance with our Comments Policy without the express written consent of Pundit Arena.
6.2 Use: Any use of Pundit Arena, the software and/or the content or any part thereof in a manner contrary to the scope and purpose of this Licence is strictly prohibited and a violation of this Agreement.
6.3 Intellectual Property: Pundit Arena reserves all Intellectual Property rights in and to Pundit Arena, the brand, the trademark and the content and any such Intellectual Property shall at all times be and for all purposes, remain vested in Pundit Arena and/or its licensors, including all copies made of the Website and the Application.
7. USER UNDERTAKINGS
a) use Pundit Arena for any unlawful or illegal purpose;
b) act dishonestly or fraudulently by engaging in objectionable conduct, or by posting inappropriate, inaccurate, or objectionable content to or through the Pundit Arena Platform;
c) make any temporary or permanent reproduction by any means and in any form, in whole or in part, of Pundit Arena, including the software or code supporting the Website and/or the Application;
e) make any translation, adaptation, arrangement or any other alteration of the permanent aspects of Pundit Arena or any of the software;
f) make any form of distribution to the public of the software contained in Pundit Arena, in whole or in part, or of copies thereof;
h) remove or alter any copyright, meta-tags or other proprietary notice from Pundit Arena, the software supporting it, the content and in particular, photographs;
i) sell, , hire, lease, offer or expose for sale or distribute for commercial gain, the content of the Pundit Arena Platform, the content, and/or the User Generated Content or other associated data, information or product wholly or partially derived from any of the foregoing;
j) harass, abuse or harm another person, including sending unwelcomed communications to others using the Pundit Arena Platform;
k) Upload, post, email, transmit or otherwise make available or initiate any content that:
– i) is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable in accordance with the comments policy provided by Pundit Arena from time to time;
– ii) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
– iii) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; and/or
– iv) includes any unsolicited or unauthorised communication, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Pundit Arena to send messages to people who have not expressly consented to the receipt of such contact; (ii) sending messages to distribution lists, newsgroup aliases, or group aliases.
l) imply or state, directly or indirectly, that you are affiliated with or endorsed by Pundit Arena unless you have entered into a written agreement with Pundit Arena either as a contributor to the Website or as a commercial associate;
– i) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in Pundit Arena, or any part thereof;
– ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages, Content or other services contained in Pundit Arena;
– iii) infringe or use the Pundit Arena brand, logos and/or trademarks, including, without limitation, using the word “Pundit Arena” in any business name, email, or URL or including Pundit Arena’s trademarks and logos except as expressly permitted by Pundit Arena;
– iv) use bots or other automated methods to access Pundit Arena, add or download contacts, send or redirect messages, or perform other activities through Pundit Arena, unless explicitly permitted by Pundit Arena;
– v) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Pundit Arena;
– vi) Attempt to or actually access Pundit Arena by any means other than through the interfaces permitted by Pundit Arena. This prohibition includes accessing or attempting to access Pundit Arena using any third-party service, including software-as- a-service solutions that aggregate access to multiple services, including proxy services;
– vii) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Pundit Arena’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Pundit Arena personnel/contributors, attempting to gain unauthorised access to Pundit Arena, or transmitting or activating computer viruses through or on the Pundit Arena Platform.
8. THIRD PARTY SITES
8.1 Links: Pundit Arena does not endorse any third party websites/applications/platforms that can be accessed via Pundit Arena or that may facilitate access to Pundit Arena, nor does the fact that we provide a link to such third party websites/applications/platforms mean that we are affiliated with those websites, their owners or sponsors. We only provide these links for the convenience of users of Pundit Arena and to ensure that any user, purporting to comment is sufficiently brought within the scope of our Comments Policy, and the inclusion of any link, interface or protocol does not imply endorsement by Pundit Arena of the website/application /platform or any association with its operators.
Your use of third party websites/applications that can be accessed via the Website/Application is subject to the terms and conditions of use of those websites/applications (if any). Pundit Arena is not responsible or liable for the accuracy of any information, data, opinions, or statements made on or through third party websites/applications or the security of any link or communication with those websites/applications or any data protection or privacy issues arising from those websites/applications. Your access and use of any such third party websites/applications through Pundit Arena is at your own risk. We are entitled to terminate a link to a third party website/application at any time. Pundit Arena is not responsible for webcasting or any other form of transmission received from any linked site.
9. COMMENTS POLICY
Pundit Arena is committed to providing open discussion and debate in relation to sport. We encourage users to engage with the Website and to share the articles we curate and create through social media and other online methods. It is also hoped that users engage with Pundit Arena by commenting and responding to the articles posted.
Pundit Arena’s policy in respect of user commentary seeks to facilitate and promote sharing and open, transparent discussion. With this in mind, Pundit Arena does not moderate comments simply because it disagrees with the opinions expressed by its users, nor are comments removed if they are in a hyperbolic or reactive tone or if they contain profanity. Debate forms an important facet of the way Pundit Arena operates and the way debate is shaped.
Comments are never pre-moderated, nor are they edited after they have been published.
Pundit Arena supports intelligent and productive debate and as a consequence, we have prepared a set of guidelines, by which we expect our users to operate when using the Website when commenting. We suggest and encourage all users to familiarise themselves with the Comments Policy, which we believe follows a common sense and balanced approach to your freedom to use the Website. Pundit Arena reserves the right to delete comments which it deems are in breach of the Comments Policy.
10.7 RELATIONSHIP: Nothing in this Agreement shall create, evidence or imply any agency, partnership or joint venture between you and Pundit Arena. Neither you nor Pundit Arena shall act or describe itself as the agent of the other – nor shall either party represent that it has any authority to make commitments on behalf of the other.