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Terms of Use

PUNDIT ARENA:                 

TERMS OF USE – LAST UPDATED 06 August 2014

PLEASE READ CAREFULLY BEFORE USE

Welcome to Pundit Arena. The web pages available at www.punditarena.com, and all linked pages (the “Website“), and the web application (the “Application”) are owned and operated by Readia Ltd, a limited Company, whose operational place of business is the NSC Campus, Mahon, Cork (the “Company” or “PA”) and is accessed and used by you under this Terms of Use Agreement (“Terms of Use“). (The Website and the Application are described throughout this Agreement together as “Pundit Arena”)

Please read these terms of use carefully before using Pundit Arena. By accessing Pundit Arena, any of the linked pages or using any part of the Website or any content or services on the Website, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, in their entirety, then you may not access the Website or use the content or any services on the Website, and should cease your use of the Website immediately.

These terms of use bind individuals using and browsing the Website for their own personal and non-commercial purposes. In the event that you seek to join our team or you wish to commercialise our content, please click here.

1.              AMENDMENTS TO THESE TERMS

Pundit Arena reserves the right, at its sole discretion, to amend, add or delete any of the terms and conditions outlined herein. Pundit Arena will post notifications of any such changes on Pundit Arena, and will detail the date of the most recent modification at the title of these terms. If any future changes to these terms of use are unacceptable to you or cause you to no longer be in compliance, you must cease using Pundit Arena immediately.

2.              PRIVACY

Please note that privacy is very important to us. You should not enter and should also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature, by avoiding inputting them in fields that would present in a public manner or as identifying information. Please see our Privacy Policy which governs the manner in which your personal information is used and displayed by Pundit Arena.

3.              PROHIBITION BY LAW

Pundit Arena is provided, as well as the services forming its content, in accordance with Irish law. This Terms of Use is void where prohibited by law, and the right to use Pundit Arena are revoked in such jurisdictions. Pundit Arena makes no claim that Pundit Arena or the Content may be lawfully used or that User Generated Content, including videos, photographs, location data and comments may be uploaded or downloaded in any jurisdiction save the jurisdiction specified by this Terms of Use. If you use Pundit Arena from outside Ireland, you do so at your own risk and you are responsible for compliance with the laws of that jurisdiction. Furthermore, if you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with a detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

4.              AGE

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.

5.              RESPONSIBILITY

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:

a)              your agreement, as evidenced by your acceptance of these Terms of Use and your continued use of Pundit Arena, to abide by the terms of this Terms of Use;

b)              your continuing compliance with the terms of this Terms of Use and the Privacy Policy posted on the Website (which is hereby incorporated by this reference); and

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.

6.4           Reciprocal Licence: Pundit Arena does not claim ownership of any User Generated Content that you post or upload to or through the Services. Instead you hereby grant to Pundit Arena an unlimited, non- exclusive, worldwide, perpetual, transferrable, assignable, sub-licensable, fully paid up and royalty free right to use, copy, prepare derivative works from, improve, distribute, publish, remove, retain, add to, process, analyse and commercialise, in any way now known or in the future discovered, any content, including photographs, data or information provided or submitted by you, whether directly or indirectly to Pundit Arena, including, but not limited to, any User Generated Content, emails and comments, without the need for any further consent, notice and/or compensation to you or to any third parties, subject at all times to Pundit Arena’s compliance with the Data Protection provisions of this Agreement (as set out in the Privacy Policy). Any information you submit to us is at your own risk of loss as noted in this Terms of Use.

7.              USER UNDERTAKINGS

7.1           Undertaking: Except as expressly set out in this terms of Use or as permitted by any local law, you undertake not to:

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;

d)              to distribute, share or use content only as permitted by theses Terms of Use;

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;

g)              make any form of distribution to the public of the content and/or the User Generated Content displayed or posted on Pundit Arena save as in accordance with the terms of this Terms of Use;

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;

m)

– 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.

7.2           Compliance Indemnity: You hereby agree to indemnify and hold Pundit Arena and its licensors harmless from and against any liabilities, damages, judgments, costs and expenses (including reasonable legal fees and indirect and consequential loss) (“Losses”) arising out of your use of the Website, any downloading, installation and use of the Application, or use of the content in a manner inconsistent with this Terms of Use.

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.

8.2           Responsibility: Pundit Arena also does not screen, audit, or endorse third party applications (“Third Party Applications”). Accordingly, if you decide to access or use Third Party Applications, you do so at your own risk and agree that your use of any application is on an “as-is” basis without any warranty as to the application, and that this Terms of Use does not apply to your use of any Third Party Application.

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.           GENERAL

10.1        WAIVER If Pundit Arena fails, to insist on strict performance of any of your obligations under this Terms of Use, or if Pundit Arena fails to exercise any of the rights or remedies to which it is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

10.2        CONFIDENTIAL INFORMATION: You acknowledge and agree that your relationship with Pundit Arena is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Generated Content does not place Pundit Arena in a position that is any different from the position held by members of the general public, including with regard to your User Generated Content. None of your User Generated Content will be subject to any obligation of confidence on the part of Pundit Arena, and Pundit Arena will not be liable for any use or disclosure of any content you provide, subject at all times to the terms of the Privacy Policy.

10.3        SEVERABILITY: Severance of Terms: If any of the terms of this Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10.4        ENTIRE AGREEMENT: This Terms of Use and any document expressly referred to in it represents the entire agreement between you and Pundit Arena, in relation to the license hereunder and supersedes any prior agreement, representation, understanding or arrangement between us, whether oral or in writing. Both Parties hereunder acknowledge that, in entering into this Terms of Use, neither Party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this terms of Use except as expressly stated herein.

10.5        LAW AND JURISDICTION: This Terms of Use is governed by Irish law. Any dispute arising from, or related to, any term of this Terms of Use shall be subject to the exclusive jurisdiction of the Irish courts.

10.6        LANGUAGE: Any dispute arising from, or related to, any term of this Terms of Use arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.

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.