This Agreement is a legal document which sets out your rights and obligations, and those
of Spider Monkey uk ltd, a company registered in England under registration no 4969045
("Spider monkey uk (dojo) ltd", "free2fight.com","we" or "us"), in relation to this site
and the services offered by spider monkey uk (dojo) ltd through it (the "free2fight.com").
You must take the time to read and understand it before registering on the free2fight.com
website. By registering, you accept that you are entering into a contract with us on the
terms of this Agreement. Visitors to free2fight.com who do not register to become a Member
(see 2 below) similarly affirm that they are bound by this Agreement each time they access
free2fight.com. You should be aware that this Agreement may change from time to time in
accordance with Clause 23 below.
Also, please note that if we remove any of our core Services (these are indicated in
Clause 2 below) Members may be entitled to a refund of part of their Membership fee
(see Clause 11(ii) for details); but we may remove all or any of the non-Core Services -
such as message boards - from the free2fight.com, either on a temporary or permanent basis,
without making any refund.
Important: You must ensure that the email address we hold for you is kept up-to-date
and that you have full access to it - we will be sending you important messages there. If
you change email address, then you must inform us of the new address through your
"My details/profile" page.
2. Membership.
People who register for the free2fight.com web-site become "Members". The Membership
is open to all, but minors must ensure that they have the full permission of a parent
or guardian and this person confirms this by means of their payment via credit or
debit card.
Members:
may post their name, profile notes and photos in any listings of fighters, promoters,
officials, media and other categories which appear on the free2fight.com web-site -
this is a Core Service;
may receive emailed messages, which will be stored in their free2fight message centre
on the website. Notification of receiving a message will be sent to the email address
contained in Members' "My Profile" page - this is a Core Service;
open and read messages received into their free2fight.com inbox and may read other
member’s profile page information, including profile notes and photos;
Will receive certain types of message sent in order for us to deliver the free2fight.com
optimally. These are outlined in the privacy policy;
Note that we are not an internet service provider. In order to avail of the free2fight.com
service, you must have internet access and all the software (and skills) required for
email and web usage.
3. Important Note: Membership.
If you decide to become a Member, and therefore pay our Membership fee, you are agreeing
to take the Membership we make available to you promptly after that fee is paid. This means
that you do not have the right to cancel your Full Membership during the cooling-off period
which is provided for certain purchases under the Consumer Protection (Distance Selling)
Regulations 2000.
The "subscription fee" of £24 per annum. The subscription fee relates to the Member's use
of the other benefits of Membership during the subscription period.
The Membership fee and the period it covers will be communicated to you at the point you
sign up for Membership. Occasionally we may offer promotional prices for the initial full
membership or renewal fee. The fee for the ‘initial’ period and the subsequent fee charged
to extend after this initial period fee will be displayed on the payment webpage at the
point of payment.
The default setting at the point of signing up for full membership is continuous. The membership
can be cancelled at any time after the first membership payment has been processed, as detailed
in the receipt we will send you.
Members will be automatically renewed every year unless they have cancelled their membership
via the paypal account. If your membership lapses for any period, whether this be because we
are unable to renew your membership successfully, or because you have chosen to cancel your
membership and do not renew prior to your original term ending, you may not receive the same
full membership term or price when you do renew your membership.
We will do not notify holders of Memberships before renewal so if you wish to cancel you must
do so before the automated payment is taken, and (if the Membership fee is going to increase
or the membership terms change) we shall notify you 28 days before these changes take place.
Each notification will include the date when changes will take place, and the Membership fee
that will apply for the next period.
Please note that a Membership may lapse due to our inability to take payment using your selected
payment method - such as if you change credit card. In that event, you will need to arrange to
make payment manually in order to renew your Full Membership.
Please note that we reserve the right to change the amount of the fee for Membership, the period
which it covers and the non-Core Services which it enables you to obtain from time to time.
However, Members can be assured that these changes will not take effect until their next renewal
date, except with the prior agreement of the Member.
4. Registration.
You undertake to register for the free2fight.com service using accurate and current information
about yourself - including your correct name, address and any other requested details. You also
undertake only to add yourself to a category listing (fighter, official etc) on the free2fight.com
which you applies to you at the relevant time. If you are asked for, and provide, details of a credit,
debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it
has available funds sufficient to cover the charges which are deducted from it. As part of the
registration process for the free2fight.com 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.
5. Privacy policy.
Free2fight.coms’ Policy forms part of this Agreement, and by agreeing to this Agreement, you
also give your consent to the way we may handle your personal data as detailed in that policy.
Given the global nature of the World Wide Web, any posting on the free2fight.com Service
(including any which contain personal information) is, of course, accessible to internet users
around the world.
6. Free2fight.com Role.
You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible
for the behaviour of Members - whether on the free2fight.com Service or outside of it. We only provide
a venue where the free2fight.com may be accessed. In particular, you should be aware that free2fight.com
does not generally pre-screen or monitor the material contributed by Members.
7. Additional services.
Free2fight.com or its affiliates may offer new or additional services through the free2fight.com
Service from time to time. Your use of those services may be subject to additional terms and conditions,
or rules of use, which you must comply with. Any failure by you to comply with a material provision of
the terms or rules governing such additional services will amount to a breach of this Agreement and
enable us to terminate this Agreement with you.
8. Operation of free2fight.com.
We reserve the right to withdraw or modify aspects of the free2fight.com Service, or the entirety of it,
where we have legal or commercial reasons to do so. There may also be times when the free2fight.com
Service becomes inaccessible as a result of technical difficulties experienced by free2fight.com or on
the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they
are within our control. Please note that there will be no refund of Membership fees (nor will we have
any other liability to you) for withdrawal, modification or unavailability of the free2fight Service,
except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change
password or other information which facilitates access to the free2fight Service.
9. Misuse of the free2fight.com service.
We reserve the right (a) to suspend or terminate any Member's access to free2fight.com, or parts of it,
and/or (b) to remove, or require the Member to remove, material posted on free2fight, if the relevant
Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the
free2fight.com service without our prior consent. You are responsible for everything which is done on
or through the free2fight.com service while your membership account is logged on to free2fight.com, or
through your email address(es). In addition, we reserve the right to suspend or terminate any Member's
access to free2fight.com, or parts of it, if the relevant member is abusive, discriminatory or threatening,
or harasses or communicates offensive messages or images to another Member, whether or not through
free2fight.com. For completeness, where we reserve a right in this Agreement, it does not mean we will be
obliged to exercise it. Also, given the open-access nature of free2fight.com, 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 this Agreement.
10. Relevance.
The free2fight.com Service is intended to be used by its Members for the purposes referred to in Clause
2 above. Accordingly, Members must not:
include an email address, postal address, phone number, the address of any website, or any other
information which is intended to facilitate direct communication, in material which is posted on
the free2fight.com Service - Members, and the recipients of their emails, can share this information,
should they wish, once direct contact has been made;
place material on, or otherwise use, the free2fight.com Service for any business or commercial
purpose; or
use your access to the free2fight.com Service, or information gathered from it, for the sending
of unsolicited bulk email (sometimes known as spam).
11. Fees.
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our
fees from time to time, provided that such amount or basis is clearly stated at the time when you
agree to take the relevant free2fight.com Service or prior to any fees being taken.
(ii) Fees paid by a Member will not be rebated or refunded by free2fight.com, except as follows.
If, under Clause 8 above, we entirely withdraw a Core Service (specified in Clause 2), or the
entirety of the free2fight.com Service itself, then you may be entitled to a rebate of your
Membership fee for the remainder of the period to which that fee relates;
We may offer new or ancillary services from time to time which require the payment of fees -
either to us or a nominated third party - on terms which will be provided to you at the time.
12. Prohibitions.
You are responsible for ensuring that no material you post, or which is posted through a machine
on which you access the free2fight.com Service, nor any activity or communication you make in
connection with any free2fight.com Service, will be capable of (a) infringing the intellectual
property or other rights of any person or entity, (b) breaching any applicable law, whether
criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, abusive,
discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
13. Alerting free2fight.com.
If you see anything on the free2fight.com Service which appears to infringe this Agreement,
then please contact us to inform us of it by using the "Contact us" function. We do not generally
monitor material contributed by Members before it is placed on the free2fight.com Service, and
so we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination of Membership.
Each Member acknowledges that we are entitled to withdraw any material on the free2fight.com Service
which appears, whether based on information received from Members or others or our own determination,
to be capable of breaching any part of this Agreement, or to bring the free2fight.com Service into
disrepute. However, each user acknowledges that we do not generally monitor material which appears
on the free2fight.com Service, and that we are reliant upon you and all users to notify us of anything
you see here which appears likely to breach this Agreement, using the notification techniques which
are made available on the free2fight.com Service.
15. Disclaimer and Release.
Free2fight.com has no control over or responsibility for the truth or accuracy of any material
available on the free2fight.com Service, whether provided by Members or others.
If any third party sites are linked to from the free2fight.com Service, this does not mean
that we endorse or have any responsibility for the site in question or anything which appears
on it.
You should exercise no lesser degree of caution in appraising what you see on the free2fight.com
Service than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise
behave, in a way that is unreliable, misleading or even illegal. Further, you should note that
people may not necessarily be who they say they are.
Your use of the free2fight.com Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release free2fight.com its directors,
contractors and employees from all liability (including in relation to disputes with other
Members) arising out of your use of a third party site or arising out of or in connection with
the free2fight.com Service and the material included here by Members and other third parties.
16. Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and
relating to the free2fight.com Service (including the material which is contributed by Members)
are owned by free2fight.com. It is easy to copy material which appears on web-sites, but this
does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create
any derivative work from the free2fight.com Service, or any of the material which is found on
the free2fight.com Service unless properly licensed to do so by us.
By submitting any material to the content to the free2fight.com Service, you:
are representing that you are fully entitled to do so;
grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify,
distribute, show in public and create derivative works from that material in any form,
anywhere; and
authorise us to adapt the relevant material in the course of doing so, and so waive your
moral rights to object to any derogatory treatment, or to be identified as the author, of
the material in question.
17. Excluded loss.
We will not be liable to you or any third party for any loss not reasonably foreseeable by us
when this Agreement commences, for any indirect or consequential loss or damage, or for any
loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence
or breach of this Agreement or otherwise). Free2fight.com will also not be liable for any failure
to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
18. Maximum liability.
Without limiting the preceding Clause, the aggregate liability of free2fight.com under this Agreement
(whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal
to (a) the Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by
you to us under this Agreement during the period prior to the date when liability arises.
19. Non-excluded Liabilities.
Nothing in this Agreement limits free2fight.coms’ liability for death or personal injury resulting
from our negligence, or any other liability which may not by law be excluded. Any statutory rights
you may have as a consumer remain unaffected.
20. Indemnity.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach
of this Agreement by you or through a machine on which you access the free2fight.com Service.
21. Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights
and obligations under this Agreement. You may not without the written consent of free2fight.com assign
or dispose of this Agreement.
22. Entire Agreement.
This Agreement includes our data protection policy and child protection policy. Together they contain
the whole of the agreement between us and you concerning the free2fight.com Service and they replace
all earlier agreements and understandings with you, except for any fraud or fraudulent representation
by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights
of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
Acceptance of these terms and conditions means that you accept our data protection and child protection
policies also.
23. Changes to this Agreement.
Free2fight.com reserves the right to change the Agreement with its Members from time to time, and
post the new version on the Friends Reunited Service. When we do so, we notify Members of the fact
that there are changed terms on the main screen (www.free2fight.com), and post a link to the new
Agreement there. This Agreement, and any new version of it in the future, takes effect immediately.
However, if you do not wish to be bound by the changes we make in this Agreement (or any new version
of it), then you can choose instead to remain bound by the previous Terms and Conditions until:
your next renewal date; or one month after the date when we post the new version.
24. Severability.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial
decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25. Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales .
26. Keeping this Agreement.
We don't separately file the individual Agreements entered into by members when they register
for the Friends Reunited Service. You can access it at www.free2fight.com. Please make a durable
copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
27. Statutory Information.
28. Contact.
You can contact us by post at Unit 2, Power Park, Station Approach, Banbury, Oxon, OX16 5AB,
England. Please make sure you include your full name and email address with all correspondence.
Advertizers / Sponsors:
free2fight.com is a trading name of spider monkey (dojo) ltd
registered office: 8 jury street, warwick, CV34 4EW, UK
company number: 4969045