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Terms and Conditions

(1)    General

This agreement contains the terms of use that apply to an individual’s or entity’s access and/or use of Clicking Media Ltd services wich are accessible at www.gamblingvista.com.

These terms of use govern your use of our website; by using our website, 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 our website.

If you submit a comment to our site, we will ask you to expressly agree to these terms of use.

You must be at least 18 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 18 years of age.

(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)    edit or otherwise modify any material on the website;

(e)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

(f)    redistribute material from this website [except for content specifically and expressly made available for redistribution

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

(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 data collected from our website or our directory for any direct marketing ctivity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(4)    User reviews and Comments

In these terms of use, “user reviews” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our site, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions 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 comments 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 comments (and their 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 comments 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 to our website any comment that are or have 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 comments we do not undertake to monitor the comments, or the publication of the comments on our website.

(5)    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).

(6)    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.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not 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.

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.

Our aggregate liability to you under the terms of use will not exceed the greater of: (a) [amount]; and (b) the total amount paid or (if greater) payable by you to us under the terms of use.

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.

(7)    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].

(8)    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)    delete and/or edit any or all of your directory or website submissions; and/or

[(h)    suspend and/or delete your account with the website.]

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).

(9)    Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(10)    Trade marks

Gamblingvista.com and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks 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.

(11)    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 terms and conditions (that we will make available to you as appropriate).

(12)   Gaming Services

(a)  The Site, Site Content and Services makes available information for your personal entertainment and informational purposes only.

(b)  The Site, Site Content may contain references to, link to or advertise Third Party Content which relates to online gaming and gambling services (the “Gaming Services”).

(c)  The Gaming Services are only directed to and are intended to be viewed and used for those users or visitors to the Site who are located in jurisdictions where the use of the Gaming Services is legal.

(d)  Without limiting the foregoing, you understand that laws regarding online gaming and gambling vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to the country you are located in with regards to the use of the Site, Services and the Gaming Services. The ability to access to the Site does not necessarily mean that the Site, the Services, the Site Content, Gaming Services and/or your activities via the Site, are legal under the laws, regulations or directives applicable to the country you are located in.

(e)  You hereby agree and affirm with regards to your access or use of the Gaming Services:

  1. you are located in a jurisdiction where it is lawful to use the Gaming Services which you access;
  2. you are not under the age of 18 or the age of legal consent for engaging in or using the Gaming Services;
  3. you have evaluated the laws, regulations and directives relating to your use of the Gaming Services and your use or access of the Gaming Services will not violate any applicable law, regulation or directive;
  4. your use of the information available on the Site or via the Services may result in the loss of any monies you so choose to gamble or wager on the Gaming Services;
  5. you will verify any requirements imposed by Gaming Services for its use, as may be amended from time to time;
  6. you are fully aware that there is a risk of losing money when gaming and gambling by means of the Gaming Services and you are fully responsible for any such loss; and
  7. your use of the Gaming Services is at your sole option, discretion and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company, its affiliates, its licensors or their respective directors, officers or employees.

( f)  The Site does not provide any advice on the legality of online or offline gambling and that it is your sole responsibility to understand the gambling laws applicable to you in your jurisdiction and to comply with the same.

(13)    Variation

We may revise these terms of use from time-to-time.  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.

(14)    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.

(15)    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.

(16)    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.

(17)    Entire agreement

These terms of use , together with our privacy policy,  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.

(18)    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.

(19)    Registrations and authorisations

We subscribe to the following code of conduct: The GPWA code of conduct .This code can be consulted electronically at http://www.gpwa.org.

(20)     Our details

The full name of our company is Clicking Media Ltd..

We are registered in England & Wales under registration number 6610298.

Our registered address is 10 Philpot Lane, First Floor. London EC3M 8AA United Kingdom.

You can contact us by email info@gamblingvista.com