TESTRUGBY.com TERMS AND CONDITIONS OF USE
USER AGREEMENT
FITsurfer Fantasy Games Ltd ("We", "Us" or "TESTRUGBY.COM") maintains this website ("TESTRUGBY.COM") for your individual entertainment. We offer you (You the "User") access to our website and the ability to participate in our 'Fantasy Games', 'Talk Rugby' and 'Rugby Wiki' channels as well as contests and promotions ("Our Games") and other services subject to these terms and Conditions ("Terms"), our Privacy Policy ("Privacy Policy") and the Official Rules and Regulations, Game Rules for the applicable games, contests and promotions.
The TESTRUGBY.COM website is offered to you conditional on your acceptance without modification of the terms and conditions contained herein. Your use of the TESTRUGBY.COM website constitutes your agreement to all such terms, conditions, and notices.
ENTRIES
Strictly no entries can be accepted from users in countries where gaming is forbidden.
One person may only have one user account. Each user account will is provided with one Alias, known as the website Alias, however up to 4 more Alias's may be created for use only within the Fantasy Game channel. Each Alias must be unique within the website.
Incorrect, incomplete or corrupted entries will not be accepted. The computer record of the entry will be considered to be the entry. The decision of FITsurfer Fantasy Games Ltd is final.
FITsurfer Fantasy Games Ltd reserves the right to refuse to accept team names that are felt in its sole opinion to be inappropriate or offensive. Unsuitable names will be deleted and the team will appear under the manager's name.
Winning of prizes in TESTRUGBY.COM is not open to employees of FITsurfer Fantasy Games Ltd or associated companies, their relatives, agents or agent's relatives.
MODIFICATION OF THESE TERMS OF USE
FITsurfer Fantasy Games Ltd reserves the right to change the terms, conditions, and notices under which the TESTRUGBY.COM website are offered, including but not limited to the charges associated with the use of the TESTRUGBY.COM website. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the TESTRUGBY.COM website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TESTRUGBY.COM Website.
TESTRUGBY.com CREDITS
The TESTRUGBY.com website offers TESTRUGBY.com Credits for sale. This is a methodology primarily designed to facilitate frequent but small usage of services.
These Credits can only be redeemed within the TESTRUGBY.com website for services nominated and offered within the TESTRUGBY.com website. We reserve the right to stop offering any or all of the redeemable services at any time, even after a redemption has been agreed to, to modify services offered at any time, to add new or different services at any time, and to change the redemption value of any services at any time. Credit values of services that are not delivered immediately will not change after the time the redemption is requested.
Purchases of Credits are non-refundable. Credits will not be converted back to cash or passed back as a bank deposit in any form, or converted to any kind of other financial instrument.
It is the sole responsibility of the account holder to generate and use a suitably strong password with their website account, and to ensure the access details (username and password combination) are kept secret. We take no responsibility nor will provide any compensation should your account be compromised and Credits redeemed in a manner that was not intended by you, no matter how or for what reason it occurred.
Credits purchased are valid for a limited time and any credits not redeemed will expire 18 Months from the purchase date. The oldest purchased Credits will be used first when redemptions are made.
LINKS TO THIRD PARTY WEBSITES
The TESTRUGBY.COM Website may contain hyperlinks ("Links"), banner advertising or sponsors products linking to other Websites ("Linked Site"). The Linked Sites are not under the control of FITsurfer Fantasy Games Ltd and FITsurfer Fantasy Games Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TESTRUGBY.COM is not responsible for webcasting or any other form of transmission received from any Linked Site. TESTRUGBY.COM is providing these links for your reference only and the inclusion of any link does not imply endorsement by TESTRUGBY.COM of the site or any association with its operators. You may contact us regarding any concerns with advertising at thecommish@testrugby.com
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TESTRUGBY.COM website, you will not use the TESTRUGBY.COM website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the TESTRUGBY.COM website in any manner which could damage, disable, overburden, or impair the TESTRUGBY.COM website or interfere with any other party's use and enjoyment of the TESTRUGBY.COM website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TESTRUGBY.COM website.
ONLINE CONDUCT
The TESTRUGBY.COM website may contain chat areas, news groups, forums, community news, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group ("Division"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
FITsurfer Fantasy Games Ltd has no obligation to monitor the Communication Services in the TESTRUGBY.COM Website. However, FITsurfer Fantasy Games Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FITsurfer Fantasy Games Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FITsurfer Fantasy Games Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TESTRUGBY.COM.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FITsurfer Fantasy Games Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, FITsurfer Fantasy Games Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts in TESTRUGBY.COM are not authorized FITsurfer Fantasy Games Ltd spokespersons, and their views do not necessarily reflect those of FITsurfer Fantasy Games Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TESTRUGBY.com
FITsurfer Fantasy Games Ltd does not claim ownership of the materials you provide to TESTRUGBY.COM (including feedback and suggestions) or post, upload, input or submit to any TESTRUGBY.COM Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TESTRUGBY.COM., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TESTRUGBY.COM. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TESTRUGBY.COM.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the TESTRUGBY.COM website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FITsurfer Fantasy Games Ltd and/or its respective suppliers may make improvements and/or changes in the TESTRUGBY.COM website at any time. Advice received via the TESTRUGBY.COM website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
FITsurfer Fantasy Games Ltd and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the TESTRUGBY.COM website for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. FITsurfer Fantasy Games Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall FITsurfer Fantasy Games Ltd and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TESTRUGBY.COM website, with the delay or inability to use the TESTRUGBY.COM website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TESTRUGBY.COM website, or otherwise arising out of the use of the TESTRUGBY.COM website, whether based on contract, tort, negligence, strict liability or otherwise, even if TESTRUGBY.COM or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the TESTRUGBY.COM website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the TESTRUGBY.COM website.
SERVICE CONTACT: thecommish@testrugby.com.
TERMINATION/ACCESS RESTRICTION
FITsurfer Fantasy Games Ltd reserves the right, in its sole discretion, to terminate your access to the TESTRUGBY.COM website and the related services or any portion thereof at any time, without notice.
PATENT, COPYRIGHT AND TRADEMARK NOTICES
All contents of the TESTRUGBY.COM website are: Copyright © 2011 FITsurfer Fantasy Games Ltd and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved.