In these terms the terms "High Scream Games" or "us" or "we" or "our" refers to the owner of the website. The term "you" or "your" refers to the user or viewer of our website.
1.Use of Website on these Conditions
All use of this website ("the Site") available at Pitch Side Manager and its games, competitions, content and taking of chargeable services from us is on the terms and conditions below.
If you do not agree to these conditions cease use of the Site immediately.
You may print and keep a copy of these terms. They are a legal agreement between you and us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the Site.
We will try to make the Site available but cannot guarantee that our Site will operate continuously or without interruption or be error free and can accept no liability for its unavailability you must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, website router or any other internet connected device.
2.Accuracy of Information and Disclaimer
We do our best to ensure all information on the Site is accurate.
If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
You should ensure information you send to us is accurate and does not breach anyone else's rights such as copyright. You should also ensure any information you send to us is not libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or is in any way illegal. Remember that the Site can be viewed around the world and the information you send to us may be published on the Site.
You should independently verify any information before relying upon it.
We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
Although we hope this Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
Any views expressed in messages on the Site are not necessarily those of High Scream Games or anyone connected with High Scream Games.
3.Copyright, Intellectual Property and Postings on the Site
You must make sure you own all the intellectual property rights, including copyright and database right, in Postings/message which you send to us or publish on the Site ("Postings"). If in doubt provide a link, not a copy. Make sure there is no legal obligation, contract or other restriction which would prevent your making the Postings.
Anonymous Postings are not accepted.
You should retain copies of all Postings and other postings and information you send to us electronically, through the Site or otherwise.
You waive your moral right to be identified as author of the Posting and let us modify the Posting. It may, for example, be necessary to shorten Postings or cut them to fit the Site.
If there are any restrictions as to the use to which we can put the Postings we must be told in advance and we may have to reject it. We reserve the right to reject any Postings at our discretion.
All Postings received will be assumed to be for publication on the Site and any further use, at the discretion, of High Scream Games on an exclusive, royalty free, perpetual basis.
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms.
You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
"High Scream Games" and our logos on this site are trade names of High Scream Games. You may not use those names without his prior written consent.
All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation thereto.
We do not claim or assert any right title or interest in any third party communications or any information or data contained on this Site that refers to real world events, people, organisations, teams, clubs, places, stadia, companies or competitors ("Real World Data").
All Real World Data and all rights in Real World Data are the property of their respective owners and we do not have and we did not represent any connection or association with any Real World Data or any subject of any Real World Data.
Real World Data is included on this Site for the purpose of providing information only and to identify fairly, relevant Real World facts.
We encourage users of the Site to contribute to our Forum. You must follow our Game/Forum Rules [http://www.pitchsidemanager.com/rules.php] and use is only authorised on that basis.
We expect many of those contributing to our Forum to have strong views about the matters discussed, but the Site is subject to the laws of libel and you could be sued if you are not careful in what you say. You should not make libellous postings or any postings which are illegal or breach copyright, database or other related rights. It is your responsibility to check this out and we do not accept any liability in this respect.
If you see any information there which breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
You must indemnify (pay) us for any losses we suffer if you breach this provision or any other provision of these Terms or the Game/Forum Rules [http://www.pitchsidemanager.com/rules.php].
Although we listen to users' suggestions for new features, we cannot guarantee to include every topic everyone requests.
We reserve the right to remove postings to message boards or edit them at our discretion, but have no obligation to do so.
Subscribers must ensure only they use those message boards and they do not allow non-subscribers to use them using a subscriber's own password.
Subscribers must keep their passwords confidential.
As stated in the Game/Forum Rules [http://www.pitchsidemanager.com/rules.php], you are not permitted to use offensive language (swearing) within any submitted messages on this site. To protect young users from offensive language a filter is used to swap submitted offensive words/phrases to non offensive words/phrases. This filter only applies to offensive words/phrases. We do not accept any liability for these replaced words/phrases.
We provide most information on this Site free of any access charge. Where not charged for, the information provided on the Site is provided on the basis of no liability for the information given.
Should you purchase credits, in the unlikely event of those credits not appearing within your account within 24 hours we will, upon request, provide you with a full refund. This is the only circumstance where we provide refunds for credit purchases.
Except as expressly provided all purchases are final and are non refundable.
A change to the Site or its functions may be necessary to develop and improve the Site. You are not entitled to the use or the unchanged retention of certain specific features of the Site. No refunds will be offered for any changes to the Site, this includes changes to content or features only available to customers who have purchased a subscription service and/or credits.
In no event shall we be liable to you for, in the case of non-chargeable services any direct, and for both chargeable and non-chargeable services any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by law are excluded.
We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
We are a distributor (and not a publisher) of content supplied by third parties and users of the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.
The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. You should take your own advice.
We reserve the right to amend or edit your account at any time for any reason and without a refund of previously chargeable services. For example these actions can be taken if you do not abide by our Game/Forum Rules [http://www.pitchsidemanager.com/rules.php].
7.Barring from the Site
We reserve the right to bar users from the Site, on a permanent or temporary basis at our discretion. Any such user must not then attempt to use the Site under any other name or through any other user. In the majority of cases only accounts that breach the Game/Forum Rules [http://www.pitchsidemanager.com/rules.php] will be bared, however these rules are in place as guidelines only and we reserve the right to bar users from the Site regardless to whether a Game Rule has been breached or not.
Should your account be barred you will not be refunded for any chargeable services.
When you click to signify you wish to take out a chargeable service with us, you enter into a contract with us to take such services.
You acknowledge that we may provide the services not withstanding the fact that the Cancellation Period pursuant to the Consumer Protection (Distance Selling) Regulations 2000 has not expired.
All chargeable services are clearly marked as chargeable on the Site and the price is shown. You provide your card details as payment, in advance.
If you use a debit or credit card to purchase a chargeable service, you may only use your own debit or credit card and not someone elses.
If you use a mobile phone to purchase a chargeable service, you may only use your own mobile phone and not someone elses.
You must have parental consent or be 18 years (or older if the age of majority is older in your country) to purchase a chargeable services.
We reserve the right to reject any order at our discretion without giving any reason to you.
Our liability for our services ordered by you is set out in paragraph 5 and otherwise in these Terms.
It is a condition and fundamental term of these terms and conditions and your use of the Site that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any chargeable service (including Credits) outside of the Site.
It is a further condition and fundamental term of these terms and conditions that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspects of the Site, including your account, password or username.
9.Legal Jurisdiction and Dispute Resolution
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this agreement.
Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may amend these Terms at any time by posting a variation on the Site without notice.
Please check regularly.
Continued use of the Site after a change has been made is your acceptance of the change.
These are the terms and conditions of High Scream Games.
Further information on these conditions or any queries on them can be obtained from:
psm (at) highscream.co.uk