Terms
1. Introduction
In this Agreement, “we”, "us" and “our” shall refer to Awillys company listed in Section 23 and “Website” shall refer to the following three websites: Jeelounge.com, JeeSports.com and JeePlays.com.
These Terms of Use govern your use of the service provided on the Website. By using or accessing the service, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the service.
You must be at least 13 years of age to use our Website. By using our Website and by agreeing to these Terms of Use you warrant and represent that you are at least 13 years of age.
Please note that we are not an internet service provider. In order to avail yourself of the Website service, you must have internet access and all the software (and skills) required for email and web usage. You are responsible for paying the fees charged by your Internet access provider.
The Website and its service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the Website or its service. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players resulting from or in connection with any technical problems or traffic congestion on the Internet, including injury or damage to your or to any other person's computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with this Website or any Platform Applications (defined in clause 12 below).
2. Licence to use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
(a) republish material from this Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
(e) edit or otherwise modify any material on the Website; or
(f) redistribute material from this Website except for content specifically and expressly made available for redistribution (such as our newsletter).
3. Acceptable use
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
You must not use our Website to transmit or send unsolicited commercial communications.
You must not use our Website for any purposes related to marketing without our express written consent.
4. Registered users
Access to certain areas of our Website is restricted to registered users.
In consideration of your use of the Website service, you undertake to:
(a) register for the Website service using true, accurate and current information about yourself - including your correct name, address and any other requested details (“Your Details”); you will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 5 below.
(b) maintain the accuracy of Your Details by promptly notify us when there is a change to Your Details by making the necessary amendments to “Your Details” on your “About Me” page. It is particularly important that the email address we hold for you is kept up-to-date and that you have full access to it as we will be sending you important messages to your email address
(c) maintain at all times the confidentiality of your password and not disclose your password to any third party. Please note that for security or other reasons, we may require you to change your password or other information which facilitates access to the Website service;
(d) be responsible for the use of your Member account including all actions that take place using your account; and
(e) notify us immediately if you suspect there has been unauthorised use of your Member account.
As part of the registration process for the Website service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
Users who are eligible to register and are registered in accordance with the terms of this Agreement on our Website are known as “Members”.
Members will have access to such additional features on our Website as we may from time to time determine in our sole discretion. Such additional features may include:
(-) the facility to complete a detailed personal profile on the Website, to publish that profile on the Website, and to restrict the publication of that profile to particular groups or individuals registered on the Website;
(-) the facility to join Website groups, and to share information amongst group members;
(-) the facility to send private messages via the Website to particular groups or individuals registered on the Website.
We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.
5. User generated content
In these Terms of Use, “your user content” or “Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our Website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our Website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our Website to link to any Website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these Terms of Use.
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Website.
6. Limited warranties
You acknowledge that some of the information published on this Website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability
Nothing in these Terms of Use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
“We” in this Section also comprises our directors, employees or agents.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
In no event will we be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill arising from your use of this Website or its service, any Platform Applications, or Content, information or other materials on the Website, even if we have been advised of the possibility of such loss or damages.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We accept no responsibility for the truth or accuracy of any material available on this Website, whether provided by Members or others. Content and any other information and material available on the Website is not intended to amount to advice on which anyone should place any reliance. We disclaim all liability arising from any reliance placed by any person (whether or not a Member) on material available on this Website.
You should exercise no lesser degree of caution in appraising what you see on this Website than you do offline.
You acknowledge that even though Members are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these Terms of Use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our Website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
8. Maximum liability
Without limiting the preceding clause, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed one thousand pounds sterling (£1000).
9. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
10. Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block computers using your IP address from accessing the Website;
(e) contact your internet services provider and request that they block your access to the Website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the Website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account without our prior consent.
You are responsible for everything which is done on or through this Website while your Membership account is logged on to this Website, or through your email address(es).
Where we reserve a right in these Terms of Use, it does not mean we are obliged to exercise it. Also, you acknowledge that given the open-access nature of this Website service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms of Use.
11. Alerting us and removal of content
You acknowledge that we are not and cannot be responsible for the Content or behaviour of other Members - whether on this Website or outside of it. We only provide a venue where the Website Service may be accessed.
If you see anything on the Website which appears to breach any clause of this Agreement, then please contact us to inform us of it by using the "Report" function, or by emailing us at support@jeelounge.com.
You acknowledge that we do not monitor or approve Content, and so we are reliant upon users to point out any which breaches this Agreement. Although we provide rules for Members’ conduct and Content postings, we do not approve or control and are not responsible for what Members post, transmit or share on the Website and are not responsible for any inappropriate, obscene, offensive, unlawful or otherwise objectionable Content you may come across on the Website or in connection with any third party Platform Applications, software or Content.
You acknowledge that we may delete or remove any Content, or move any Content from a place on the Website which all Members can access to a place that is only accessible by your Network, without notice and in our sole discretion, for any reason, including Content that we decide in our sole discretion breaches this Agreement, or which might be inconsistent with this Website brand values (which we determine from time to time in our sole discretion) or bring the Website service into disrepute. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Website or provide to us.
12. Third parties
The Website service contains links to third party websites (“Third Party Sites”).We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you access and use Third Party Sites from this Website at your own risk.
From time to time we enter into platform services agreements with third parties. These are agreements that allow third parties to install third party software, content, material or applications on this Website that retrieves data made available by Members and/or to install applications on third party websites that retrieve data made available on third party sites for use by Members on our Website (“Platform Applications”).
You may elect whether or not to use Platform Applications. When using a Platform Application, the third party provider may require you to agree to its own terms and conditions before proceeding. If you do not wish to be bound by such terms and conditions, do not agree to them and cease your installation of the relevant Platform Application. We accept no responsibility for Platform Applications or for any loss or damage that may arise from your use of them. You acknowledge that you install Platform Applications at your own risk.
13. Trade marks
JeeLounge, JeeSports, JeePlays and their accompanying logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
14. Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our Website. These will be subject to separate rules (that we will make available to you as appropriate).
15. Variation
We continuously work to improve the service and may change the Terms of Use in that respect at any time and for any reason. Revised Terms of Use will apply to the use of our Website from the date of the publication of the revised Terms of Use on our Website. Please check this page regularly to ensure you are familiar with the current version. For paid services, we will notify you in advance of material changes to the Website service.
16. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
17. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Exclusion of third party rights
These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.
19. If you pay for the Service on this Website
1. Cooling off period
When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period despite your waiver and even when a service starts right away. You may cancel the service as provided in Section 19.6.
2. Charges
When you are paying for a service, this Section 19 applies if you pay us directly. Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission.
3. Payment
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the service using your payment method and for any paid feature of the service that you choose to sign up for or use while this Agreement is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may bill you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription services. We may charge you simultaneously for more than one of your prior billing periods. Once we have informed you that the service will be automatically renewed, we may automatically renew your service and charge you for any renewal term, unless you have notified us that you wish to cancel the agreement prior to the expiry of any renewal term, or otherwise in accordance with how we may have told you that you may cancel.
4. Prices and price increases
The price stated for the service includes all taxes. You are responsible for all other charges (for example, phone charges and currency exchange settlements).
We shall notify you in advance if we change the price of the service. If there is a specific length and price for your service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly) with no specific length, we shall notify you of any price change at least 30 days in advance. If you do not agree to these changes, you must cancel and stop using the service before the changes take place. If you cancel, your service ends at the end of your current service period or, if we bill your account on a period basis, at the end of the period in which you canceled.
5. Refund policies
Unless otherwise provided by law or by a particular service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense.
6. Cancelling the service
You may cancel the service at any time, with or without cause. Go to the Credits page (http://www.jeelounge.com/user/credits) for information on cancelling your service.
20. Payments to you
Your right to any payment due to you under this Website service is conditioned upon you promptly providing us with all of the information we need to properly make the payment. You must provide us with the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and for any taxes and charges you may incur. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce your earned balance without notice to adjust for the previous overpayment.
21. Entire agreement
These Terms of Use, together with our Privacy Policy, a full copy of which is available here, constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms of Use.
22. Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. Our details
The full name of our company is Awillys Ltd.
We are registered with Companies House. You can find the online version of the register at http://wck2.companieshouse.gov.uk/2ab715c2c3793e7ff40c186d78369472/compdetails.
We are registered in England & Wales under registration number 05604938.
Our VAT number is 986 1968 52.
Our registered address is 78 York Street, London, W1H 1DP, UK
You can contact us by emailing at contact@JeeLounge.com.
