Terms and Conditions of use
By accessing Hammers Mad at westhamunited-mad.co.uk and/or any associated subdomains (the "network"), including but not limited to the World Wide Web, digital television, PDA, mobile phone and RSS feeds, you are agreeing to be bound by our terms and conditions that appear below, whether or not you register with Footymad.
This network is owned and operated by Footymad and its subsidiaries and holding companies. The network may also include materials owned by third parties and posted on the network by virtue of a licence, grant or some other form of agreement between the third party and Footymad. As a user, you will be able to access material on most areas of the network without going through the registration process. Certain areas of the network are only open to you if you register.
The Footymad trademark, together with any other owned by Footymad, may not be reproduced, translated, adapted, used or distributed without prior permission.
All material on the network including, without limitation, any text, graphics, logos, photographs, audio or video materials or stills from audiovisual material available on the network (the "Content") belongs to Footymad or its licensors. You may retrieve and display Content from the network on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Footymad:
- Redistribute any of the Content (including by using it as part of any library, archive or similar service);
- Remove the copyright or trade mark notice from any copies of Content made under these Terms;
- Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
- Creating works or materials that derive from or are based on the materials contained in the network including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greetings cards and unlicenced merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Requests to republish or redistribute Content should be made by filling out our short online contact form, which can be reached by clicking here.
The FootyMad feeds in the RSS format are provided free of charge for use by individuals, as long as the feeds are used for such individual's personal, non-commercial use. Users of FootyMad's RSS feeds may display only the FootyMad headlines included as part of the FootyMad RSS feeds on web sites you own and control for access by end users of such web sites as long as:
(i) each such headline is hyperlinked directly to the associated full story on the FootyMad web site at www.footymad.net, which full story may, in Footymad's sole discretion, require member registration or the viewing of an advertisement on FootyMad prior to access and display,
(ii) each such headline displayed on the web sites of users of FootyMad's RSS feeds includes proper attribution to FootyMad, and;
(iii) you do not sell the FootyMad headlines or retransmit, disseminate, distribute, publish, broadcast, circulate or commercially exploit the FootyMad headlines in any manner except as expressly permitted herein without express written consent and you do not use the information for any unlawful purpose.
Footymad reserves the right to require you to cease using the FootyMad headlines from these feeds at any time and for any reason. Attribution to FootyMad must be provided in connection with your use of the feeds. If you provide this attribution in text, please use: "Footymad.net". If you provide this attribution with a graphic, please use the FootyMad logo from the website.
Footymad and its licensors reserve all rights in and to the FootyMad logo, and your right to use the FootyMad logo is limited to providing attribution in connection with the RSS feeds provided by Footymad. We may also including the author of each individual news story in the feed alongside each headline. Please do not alter this for display.
Footymad does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, storylines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Footymad's policy is to simply delete any such submission without reading it or forwarding it to other Footymad staff. Therefore, any similarity between an unsolicited submission and any elements in any Footymad creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Footymad via this network, however, these submissions become the property of Footymad and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Footymad sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Footymad, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Bulletin Boards and Chat Rooms
Provided that you are aged 13 or over, you are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the network) (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, the network (collectively "Forums"). However, Footymad accepts no responsibility whatsoever in connection with or arising from such Messages. Children under the age of 13 may not submit Messages to the Forums.
Footymad does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Footymad prior to posting and do not necessarily reflect the opinions or policies of Footymad. Footymad makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Footymad reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Footymad assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Footymad chooses, in its sole discretion, to monitor the Forums, Footymad nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Footymad accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this network to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the network by any other person.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Footymad on a Forum. You may not: Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"; Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; Post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content; Post or otherwise publish any Messages that contain a virus or other harmful component; Disguise the origin of any Messages Impersonate any person or entity or misrepresent any affiliation with any person or entity; Post or otherwise publish any messages unrelated to the Forum or the Forum's topic; Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the network or any computer software or equipment; Collect or store other users' personal data; Restrict or inhibit any other user from using the Forums. By submitting messages to any Forum you agree to indemnify and hold harmless Footymad from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 4.
By submitting Messages to any Forums you are granting Footymad a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in form. This may include personal information such as your user name and alias and your expressions of opinion. Footymad reserves the right to contact you by email with regard to your use of the Forums.
Disclaimer of Warranties and Liability
While Footymad does its best to ensure the optimum performance of the network, you agree that you use the network and rely on material contained in this network at your own risk.
Footymad does not give any warranties in respect of the network, content, software or services available through the network (collectively, "network services"). In particular, the network services are provided on an "as is", "with all faults" and "as available" basis. To the extent allowed by applicable law, Footymad hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, Footymad makes no warranty that the network services are free from infection by viruses or anything else that has contaminating or destructive properties.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
To the full extent allowed by applicable law, you agree that Footymad will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the network services or to any breach of the terms by Footymad, even if Footymad has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable network service up to a limit of the following, at Footymad's election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable theories.
You agree to indemnify and hold Footymad and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
The network contains links to other World Wide Web sites provided by independent third parties ("Third Party sites"), either directly or through frames. Where possible, Footymad will make clear where such links are being made, though Third Party sites may be co-branded with Footymad and so include Footymad's trademark. Footymad is not responsible for the availability or content of Third Party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party sites.
Notwithstanding the provisions of this Section 5, Footymad's liability will not be limited in the case of death or personal injury directly caused by it's negligence.
Changes to the Terms
Due to its policy of updating and improving the network, Footymad may wish to change these Terms (including those relating to your use of the Content). Footymad reserves the right to modify these Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Footymad reserves the right to immediately terminate your use of, or access to, the network at any time if Footymad decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Footymad considers to be inappropriate or unacceptable.
Advertising and Sponsorship
Part of the network may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. Footymad will not be responsible for any error or inaccuracy in advertising material.
Competitions and Prizes
From time to time Footymad will run competitions, free prize draws and promotions on the network. These are subject to additional terms that will be made available at the time of such competitions.
Your personal data
Footymad complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data.
Under the terms of the Data Protection Act 1998, if you require a copy of the information we have concerning you, please write to the Data Protection Officer and enclose a cheque for the administration fee of £10.00 made payable to Digital Sports Group. We are entitled to charge you this fee under the Data Protection Act 1998 to cover our administrative costs.
How we use your personal data
Your personal information is used for the purpose of providing The Service. Additionally, Footymad and other carefully selected third parties may use your information to keep you informed by post, telephone, SMS or email about current and new products and services which may be of interest to you. Your information may also be disclosed and used for these purposes after your policy has lapsed.
If you would like us to remove any personal information from our records, then please contact us.
Please supply your full name, address and date of birth when contacting us in order that we can locate your file. We will make all reasonable efforts to delete your information from our files if it is deemed appropriate.
Country of Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law.
The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of Footymad, Footymad shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.