Terms and Conditions of Use
2010 - 2011 THE WONDERFUL WEB LTD. ALL RIGHTS RESERVEDTERMS AND CONDITIONS FOR USE OF BLOKELY.COM AND ALL ITS RELATED FAMILY OF WEBSITES
Most recent update: 6 November 2011
Please read our terms carefully before you read our website. We are trying to recruit you as a soldier in our new transnational digital army - but the decision will ultimately be yours (all of that was a joke apart from the reminder to read our terms).
In order to access our content, you must have chosen one of the new suite of membership passe. The following terms relate to each and all of these passes.
This Agreement outlines the legally binding terms for your chosen membership pass to Blokely.com and all our ancillary Services. By using the Services, and in consideration of Blokely providing the Services to you, you agree to be bound by this Agreement. Only Membership Pass holders are entitled to access areas of the Website restricted to Membership Pass only access except and to the extent that Blokely otherwise expressly consents in writing. You are only authorised to use the Services (regardless of whether your access or use as intended) if you agree to abide by all applicable laws and to this Agreement contained hereon.
Please read this Agreement carefully and print or save it somewhere safe.
If you do not agree with these terms, you should leave the Website and discontinue use of the Services immediately. If you wish to join and select a membership pass to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. Availability of the Website will commence on a date determined by Us.
1.1. Blokely.com is owned and operated by The Wonderful Web Ltd.
1.2. These terms and conditions govern your use of this website ("Website") produced by The Wonderful Web ltd (TWW hereon), including participation in the Website's comment and polling or other ancillary engagement with the site facilities ("Discussion Areas").
1.3. All content contained herein and on all ancillary brand channels and editions constitutes "Services" provided Blokely. Blokely requires its users to abide by certain house rules. Your use of the Website will constitute your agreement to comply with these terms and conditions.
1.4 You must also own a green jumper, or you cannot read certain links we provide.
1.5 You hereby agree, by reading this, to always have at least three varieties of cheese in your fridge at any one time.
1.6 By reading this website, you acknowledge and agree with the contention that Wolverhampton Wanderers FC are the greatest team, the world has ever seen.
1.7. These terms and conditions may be modified by TWW from time to time. Notice of revisions will be announced on this page and beamed out telepathically to all those blokely readers able to hear our thoughts.
Continued use of the Website by you will also constitute your acceptance of any changes or revisions to these terms and conditions, so it's wise to check this page regularly for updates where applicable.
a2. Use of the Website by You
2.1. All material on the Website belongs to TWW or its licensors. You may retrieve and display content from the Website on a computer screen, mobile device and print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website.
2.2. You acknowledge that Blokely.com, Blokely and other such related brand terms are trade marks and that you may not use them without written permission from TWW.
2.3. You may not authorise others to use the Website with your personal membership details, and you are responsible for all of your own use of the Website. Should you engage with our commenting and other such ancillary social functionality, you agree not to use any obscene, indecent or offensive language, or to place on the Website any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.4. Other than connecting to TWW's servers by HTTP requests using a Web browser, you may not attempt to gain access to TWW's servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
2.5. You are responsible for ensuring that any material you provide to the Website or post in a Comment and discussion Areas, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
2.6. You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with, the Website.
3.1. Any third party web site that links to this web site must not: - create a frame or any other browser or border environment around the content of this site; - imply that TWW is endorsing it or its products or services; - use any TWW trademark displayed on any TWW web site without permission from TWW; - infringe any intellectual property or other right of any person; - be a web site that contains content that could be construed as distasteful, offensive or controversial in any manner.
3.2. TWW expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
4. Use of Material Posted by You
4.1. Postings to the Comment and Discussion Areas are not private. You grant TWW and its designees a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Website via such postings, polls, questionnaires or competitions in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
5. Copyright Complaints
5.1. TWW respects the intellectual property of others, and we ask our users to do the same. TWW may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright rights of others.
5.2. If you believe that your work has been copied and is accessible on any TWW web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact TWW.
6. Comments by Users Are Not Endorsed by TWW
6.1. TWW does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Comment and Discussion Areas or elsewhere in the Website. Any information or material placed in such areas online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Blokely.com or TWW.
7. Competitions and Prizes and promotions
7.1. From time to time TWW will run competitions, free prize draws and promotions on this website. These are subject to the terms hereon and from time to time shall also be subject to additional terms that will be made available at the time of the competition. It is up to you to check the terms of each competition in isolation to these, the site terms.
7.2 Gift Codes can be used to fully access the site for free where as Promotion Codes give you a free deferred access period, they require sign up for future membership (at least one membership period must be billed before you can cancel).
8. Materials Provided by Others
8.1. You agree that TWW is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
9.1. TWW reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Comment and Discussion Areas or elsewhere on the Website, in its sole discretion and without notice.
10. Editing and Deletions
10.1. TWW reserves the right to post, from time to time, additional terms and conditions that apply to specific sections of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of the Website constitutes your agreement to comply with these additional terms and conditions.
11. Additional Rules
11.1. You acknowledge that you are using the service at your own risk. The service is provided "as is," and to the extent permitted by applicable law, TWW and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
11.2. TWW and its affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service. If our site ever suffers from technical issues, we will be working tireless to restart the service and fix them.
11.3. Save for the provisions of the following clause TWW and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
12. Disclaimer of Warranty and Limitation of Liability
13. Choice of Law and Jurisdiction
13.1. These terms and conditions shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these terms and conditions.
13.2. For the exclusive benefit of TWW. TWW shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
14.1. These terms and conditions represent the complete and entire agreement between the parties and supersede any prior terms, conditions or agreements, whether written or oral.
14.2. If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14.3. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
15. Membership Deactivation and Cancellation
15.1 Blokely may cancel the provision of the Website or the Services or restrict your access to them and/or terminate your Membership Pass without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); we consider in our sole discretion that through your membership you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement; you do not pay the subscription fees within 7 days of them becoming due; you become the subject of bankruptcy or insolvency proceedings and or information is provided to bring into doubt your ability to settle sums owed; or any temporary or promotional preview has ended and valid payment for continued access has not been received; your access to the Websites is under a membership or PR membership package and that membership has terminated.
15.2 If we provide you with notice that we will increase the price of your pass and you do not wish to continue with your membership you should login to your profile area and amend your forthcoming billing.
15.3 Under English law you have the right to cancel your subscription or registration within seven working days of the commencement of your subscription. If this right is exercised any subscription fee paid will be refunded within 30 days. Weekly passes can be cancelled on a pro rata basis and you will be refunded the pro rata amount not yet accrued. You cannot cancel a 7 day pass after the period has expired and already been accrued. You should note that this right of cancellation is lost in the event of you accessing any of the content accessible by Website Members only contained on a Website and you agree that you shall not have the benefit of that cancellation right.
15.4 To cancel any membership pass under your statutory rights that is longer than the rolling weekly or monthly plans you must either email us at email@example.com or login to your profile area and amend your forthcoming billing details via the account process.
a) Unless you exercise your legal right to refund outlined herein, or amend your profile to change your billing details for those passes where rolling automated billing is in effect, no refunds will be made in respect of your membership payments; and
b) payment of your next membership billing or registration payment shall be taken and not refunded where we receive your notice of cancellation less than 5 Working Business Days prior to the due date of payment of that monthly subscription or registration payment.
15.5 Your membership will commence at the time and date on which your membership is concluded and will continue automatcally unless we terminate it or you cancel it in accordance with this clause 15. Your chosen membership will renew automatically on a monthly basis or incremental basis subject to your membership pass type. Your account will be automatically charged for the renewed monthly period.
15.6 Registration for a Weekly Pass period of access to the Website will expire 168 hours from the time and date on which your registration is concluded.
15.7 As this is a shared service with other Users, you agree that if the demand for the Services provided by the Website is in excess of our ability to meet the capacity, we may either share the capacity among all Users or we may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
15.8 We may change, suspend or discontinue any aspect of the Website and/or Services at any time including the availability of any feature of or other content in the Website.
15.9 We reserve the right to offer the Website and/or Services only to residents of certain territories or at preferential prices for given memberships to certain corporations. We may terminate registrations of anyone who is not a resident of those territories or entities.
15.10 Where you have purchased your subscription to the Website through a third party platform or device owner different commencement and cancellation provisions may apply as may be notified to you by that third party at the time of purchase. Your dealings with any third party platform or device owners and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings
15.11 Where your paid for membership pass has been cancelled, this constitutes a "Deactivation", we shall hold your profile on our server in readiness for you for re-activate the account at any given future date. Your membership shall reduce to "Minimum" access to the site and will still be subject to the terms herein. We are able to delete your account - see Frequently Asked Questions for more information.
Complaints, queries and questions
Please contact us at: firstname.lastname@example.org if you have any complaints, queries of billing enquiries. Postal enquiries can be submitted to Blokely HQ, PO Box 70781, London SE1P 4HU.
Frequently Asked Questions:
Please click here to access some frequently asked help questions
Note from the founder:
If you don't agree to the foregoing terms and conditions, you should really get out of here before we start doing jedi mind tricks on you. Go on and scram quickly (you will accept the terms).
Again, that last paragraph was a joke
As were sections 1.4, 1.5 and 1.6 obviously.