- The copyright and all other rights in the material on the Website are owned by the Strother Marketing Media, LLC. (hereinafter referred to as “SMM” or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith.
2.1 You agree not to use the Website:
2.1.1 to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website, except where expressly permitted on the Website;
2.1.2 to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services)
2.1.3 to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
2.1.3 to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
2.1.5 in such a way so as to remove the copyright or trademark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
2.1.4 to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
2.1.7 to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.1.5 to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offense or give rise to civil liability in any country in the world;
2.1.6 to disseminate any material which compromises the privacy or security of anyone other than yourself;
2.1.10 to disseminate any material which does or may bring the SMM or any of its brands into dispute or in any way damage their reputation;
2.1.8 to disseminate any material where use of the material by the SMM, or any third party licensed or permitted by the SMM, will give rise to any third party claims; or
2.1.9 to post link(s) that take users to material that contravenes any of the above restrictions.
3.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
3.1.1. grant the SMM the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you may have in respect of any material you post to the Website;
3.1.2. warrant to the SMM that all such content complies with the provisions of section 3; and
3.1.3. acknowledge that the SMM may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from the SMM.
3.2. The SMM reserves the right (but not the obligation) at its sole discretion to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, the SMM will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that the SMM is aware of it. If you object to the publication of any material placed on the Website, please contact the SMM using the contact us section of the website and we will take whatever action we deem appropriate.
Use of Software
Copyright in any software that is made available for download from the Website and/or the SMM Materials (as defined below) belongs to the SMM or its suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install or use any software unless you agree to such license agreement.
Links from and to other websites
4.1. You acknowledge and agree that the SMM has no responsibility for the accuracy or availability of information, material or content provided by the third party linked websites, or the content, performance, terms, and conditions of use or the privacy policies or practices of such websites. Links to such sites do not constitute an endorsement by the SMM of such websites or the content, products, or other materials or services presented on such websites. Information in the many web pages that are linked to the Website, and the applications and services available through the Website, comes from a variety of sources. The SMM does not author, edit, or monitor the content, links, or services provided by third parties. THE SMM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THE WEBSITE OR ON THIRD PARTY LINKED WEBSITES.
4.2 In the event that you wish to establish a link to the Website, you expressly agree:
4.2.1 to ask prior written approval of the SMM to establish a link to the Website;
4.2.2 not to include the Website into the frame of another website and to create a direct link to the SMM’s official Website;
4.2.3 not to create any third party associated with the Website; and
4.2.3 to ensure that the link does not state or imply that the SMM sponsors or endorses any other website activity, company or entity, or presents the SMM and/or the sport of Athletics in a false, misleading, defamatory or derogatory manner.
4.3 The link to our Website does not permit you to use any SMM and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.
All SMM trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of the SMM and neither they, nor any confusingly similar versions, may be used by you, including (but not limited to) as part of any trademarks and/or domain names without the prior written consent of the SMM other than for the purpose of referring to the SMM and its associated brands lawfully and in good faith (only).
5.1. To access certain parts of the Website, the SMM may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register, you also agree to:
5.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and
5.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
5.3. Where you register on the Website, you will be allocated a username and password. These account details must be used solely by you; sharing your username and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
5.3.1. maintain the security of your username and password and be fully responsible for all use of the Website made using your username and password;
5.3.2. immediately notify the SMM if you become aware of any unauthorized use of your user name and password or any other breach of security by sending an appropriately worded email to the contact details shown in the Contact section of the Website; and
5.3.3. ensure that you exit from your website account at the end of each session.
The SMM cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
6.1. Whilst the SMM endeavors to ensure that the Website is normally available 23 hours a day, due to the inherent nature of the Internet, errors, interruptions, and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
6.2. You acknowledge that whilst the SMM endeavors to ensure that information on the Website and any related material provided to you by the SMM, whether by email or otherwise (the SMM Materials”), is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by the SMM. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of the SMM or any of its brands and that the SMM Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
6.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by SMM. No liability shall be accepted by the SMM for any inaccuracy or omission in the information provided on the Website or the SMM Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
6.4. The SMM will use reasonable endeavors to ensure that the Website and the SMM Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. The SMM excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the SMM Materials.
6.5. The SMM will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third-party rights arising from your use of the content.
6.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. The SMM has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. The SMM therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Please note that SMM gives no warranty that links to third party sites on the Website shall be marked as such.
6.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third-party website you enter into a contract with that third party at your own risk and the SMM will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that the SMM is responsible for their conduct or any contracts that you enter into with them.
6.8. The Website may from time to time contain advertising and sponsorship. The SMM is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, the SMM can provide no warranty that it will not take advertisements or sponsorship from your competitors.
Suspension of access to the Website and User Indemnities
7.1. If for any reason, the SMM believes that you have not complied with any of these Terms and Conditions, it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
7.2. Without prejudice to the provisions of section 10, you agree to compensate the SMM in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the SMM Materials (or by a third party using your username and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website.
Limitation of SMM’s Liability
8.1. You expressly acknowledge and agree that the SMM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the SMM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to, or alteration of, your transmissions of data; (iv) statements or conduct of any third party on the Website; (v) results of the Website, any Website linked to it and any materials posted on it; or (vi) any other matter relating to the Website.
8.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Website must be filed within one (1) year after such claim or cause of action first arose.
8.3 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of section 8 may not apply to you. Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the SMM or any other liability which cannot be excluded or limited under applicable law.
Competition terms and conditions
These rules (the “Rules”) apply to all competitions published on the Website. Depending on the nature of the competition, there may be additional rules imposed by us (or selected third parties) and each such offer may be subject to its own express terms and may not be available in all jurisdictions.
9.1. All entrants to a competition must comply with any age and/or other eligibility requirements set out in the Rules. Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of the SMM.
9.2. Only one entry per person and per household is permitted and spammers will be disqualified.
9.3. All entries must be made in accordance with the Rules and must be received by the SMM by the closing date. Entries made otherwise shall be invalid. The SMM accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of dispatch shall not be proof of entry.
9.4. The SMM and the promoter reserve the right at its sole discretion to (without prior notice):
9.4.1. cancel the competition; and/or
9.4.2. to substitute the prize for another prize of equal value.
9.5. No purchase is necessary to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
9.6. By entering the competition, the entrant agrees to be bound by the Rules and by any other requirements set out in the promotional material accompanying the promotion.
9.8. Prize-winners will be notified in writing within 4 weeks of the applicable closing date (or such other timeframe as is indicated on the Website). If a prize-winner fails to respond to claim his/her prize within 13 days of receipt of the notification, the SMM shall be entitled to select an alternative prize-winner. In such circumstances, the SMM shall use reasonable endeavors to notify the alternative prize-winner within nine weeks of the closing date (or such other timeframe as is indicated on the Website).
9.9. Competitions are open to all persons, except employees of the SMM, the promoter and their immediate families, the promoter’s advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the competition.
9.10. The SMM’s decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
9.11. The SMM will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
9.12. Prize-winners will receive their prize within 4 weeks of notification unless otherwise specified on the Website. The terms and conditions of any third-party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.
9.13. The SMM will not be liable if a prize does not reach a prize-winner for any reason outside the control of the SMM or if a prize is damaged during delivery.
9.14. It is your responsibility to ensure that, when entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
9.15. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
9.16. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
9.17. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion and use on the Website at any time.
9.18. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) are, unless otherwise specifically stated, the sole responsibility of the prize-winner.
9.19. Other than for death or personal injury arising from the negligence of the SMM, the SMM hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost, and expense, whether direct or indirect, howsoever caused in connection with any competition or any aspect of the prize.
13.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia (USA) shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions unless SMM shall in its sole discretion elect to bring proceedings in the courts of the country of the user’s residence or principal place of business.
13.2. These Terms and Conditions (including the specific terms applicable to certain services), as varied by the SMM from time to time, form the entire understanding between us. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
13.3. No delay or indulgence by the SMM in enforcing the provisions of these Terms and Conditions shall affect the SMM’s rights under them, nor shall any waiver of the SMM’s rights operate as a waiver of any subsequent breach.
13.4. No right, power or remedy conferred upon or reserved for the SMM is exclusive of any other right, power or remedy available to the SMM provided either under these Terms and Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
13.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms and Conditions.
13.6. If any provision of these Terms and Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable.
Payments and refunds
13.7. The Site offers digital products and services for sale. The Site does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service according to date and time set between SMM and the client being purchased as soon as possible, and all digital sales are final.
13.8. Nothing in these Terms and Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.