TERMS OF SERVICE
Welcome to TeamMelli.com (“the Website”) referred to as TMDC. We are an independent website not affiliated with any official or government organization. We provide the Website, including any Content (defined below), to you, subject to the following Terms of Service and any documents referred to in them (“TOS”), which may be updated by TeamMelli.com from time to time without notice to you. You should review the TOS regularly at
https://www.teammelli.com/terms__conditions.html. By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of the TOS and any changes to them. If you do not agree to the TOS, do not access the Website.
1. Terms Of Service
In addition to the TOS, when using particular The TMDC services, you and The TMDC shall be subject to any guidelines and rules applicable to such services which may be posted by The TMDC from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases, the guides and rules are specific to a particular part of the Website and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. The TMDC may also offer services from time to time that are governed by other terms of service. In such cases, the other terms of service will be posted on the relevant service to which they apply. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to the TOS. To the extent of any inconsistency between the TOS and any other terms of service, those other terms of service will prevail.
2. ACCESS RESPONSIBILITY THROUGH THE INTERNET
Accessing the website requires an Internet connection. In order to view the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access to your ISP. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or another access device.
This website can be accessed by suitably equipped Mobile, Tablet, and Laptop.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the TOS and that they comply with them.
3. YOUR REGISTRATION OBLIGATIONS and accuracy of information provided
Certain areas of the Website will require registration. In respect of your use of these areas of the Website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide, or The TMDC has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current, or incomplete, or The TMDC otherwise reasonably considers that you have failed to comply with any provisions of these TOS, The TMDC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
By using the Website you or any person you allow to access and use your account may provide The TMDC with certain personal data, including the Registration Data and certain other information about you. By submitting your personal information to the Website, you, you agree (and shall ensure that each other person agrees) to The TMDC’s use of such data
(ii) disclosure of your personal data to The TMDC’s affiliates, contributors, representatives, and third party organizations worldwide for the purpose of providing the Website to you in an efficient manner (including to countries that may not afford the same level of protection of such data as the country from which you provided the information);
(iii) for the purpose of properly administering your account in accordance with the standard operating procedures of The TMDC or its affiliated or service companies (including without limitation contacting you about the Website, your account, these TOS, and any products or services of The TMDC or its affiliates from time to time); or
(iv) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third parties, or protect the rights, property, or personal safety of other users or the public.
5. MEMBER ACCOUNT, PASSWORD, & SECURITY
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify The TMDC of any unauthorized use of your password or account and any other breach of security; and
(b) ensure that you exit from your account at the end of each session. The TMDC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to indemnify and hold The TMDC and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs, and expenses, including without limitation reasonable legal fees, that may arise in connection with:
(i) your use of and access to the Website, including without limitation any Content, or User Submission uploaded by you, as well as your connection to the Website;
(ii) your failure to comply with any provision of the TOS; or
(iii) any claim by a third party that any of your User Submissions or any other use of the Website by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
7. MODIFICATIONS TO SERVICE
The TMDC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that The TMDC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. Although The TMDC will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and The TMDC is under no obligation to update such Content.
You agree that The TMDC may in its sole discretion, terminate your password, account (or any part thereof), or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if The TMDC believes that you have violated or otherwise not complied with any provision of, the TOS. The TMDC may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The TMDC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that The TMDC shall not be liable to you or any third party in any way for any termination of your access to the Website.
9. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, any advertisers and merchants found on or through the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that:
(a) The TMDC shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Website, and
(b) any orders placed by you on, and any product specifications and product availability appearing on, the Website (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
You agree to destroy any Content (including without limitation any RSS Feed) and any copies thereof displayed on your website or otherwise held by you as soon as practicable following receipt of a request from The TMDC to do so.
10. LINKS AND RSS FEEDS
The Website may provide, or third parties may provide, links or RSS Feeds to other websites or resources. Because The TMDC has no control over such sites and resources, you acknowledge and agree that The TMDC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The TMDC 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 the use of or reliance on any such content, goods, services or any other material available on or through any such site or resource.
In the event that you wish to establish a link to the Website, you expressly agree: (a) not to include the Website in the frame of another website; (b) not to create any third party association with the Website; (c) to ensure that the link does not state or imply that The TMDC approves of, sponsors or endorses any other website activity, company or entity, or presents The TMDC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages The TMDC’s reputation or takes advantage of it; and (d) to use the TMDC.com logo if possible, which can be requested at https://www.the-TMDC.com/en/more/contact.html.
The link to the Website does not permit you to use any The TMDC and/or third-party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder.
The TMDC reserves the right to require you to remove any link to the Website without notice.
If you wish to use or display any of The TMDC Feeds on your website:
(a) The TMDC grants you a non-transferable, royalty-free non-exclusive license to display The TMDC Feeds on your website subject to these TOS;
(b) you expressly agree: (i) to ensure that the TMDC Feed does not state or imply that The TMDC approves of, sponsors, or endorses any other website activity, company, or entity, or presents The TMDC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages The TMDC’s reputation or takes advantage of it; and (ii) to use the TMDC.com logo if possible, which can be requested at https://www.the-TMDC.com/en/more/contact.html ; and
(c) where possible you must create a functional link back to the TMDC story or other material summarised by the relevant TMDC Feed.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Website, any necessary software used in connection with the Website (“Software”), and the Content, including without limitation the Content contained in any sponsor advertisements or information presented to you through the Website or advertisers the trademarks, service marks and logos contained in the Content, except all User Submissions, are owned by or licensed to The TMDC, and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The TMDC has absolute editorial control over all such Content.
The TMDC grants you permission to view, store, print, reproduce and distribute any pages or download any material from the Website for personal non-commercial use only provided that (a) The TMDC’s status (and that of any identified contributors) as the authors of the Content is always acknowledged; (b) you include a link to these TOS with any reproduction; and (c) such Content is displayed in accordance with any relevant requirements as may be notified to you by The TMDC from time to time. Except as expressly authorized by The TMDC or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
The TMDC grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software for the purposes of using the Website in the manner permitted by these TOS, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by The TMDC for use in accessing the Website.
12. VIRUSES, HACKING, AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you may commit a criminal offense in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE WEBSITE AND ANY FEEDS FROM IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The TMDC EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. The TMDC MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE, OR ANY FEEDS FROM IT, WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The TMDC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS AND The TMDC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
E. THE DETAILS PROVIDED ON THIS WEBSITE ARE FOR INFORMATION PURPOSES ONLY AND THE TMDC DOES NOT MAKE ANY GUARANTEE OR WARRANTY IN RELATION TO THE INFORMATION AND CONTENT PROVIDED. THE TMDC ENDEAVORS TO KEEP THIS WEBSITE ACCURATE AND UP TO DATE BUT NO REPRESENTATION IS MADE REGARDING THE SUITABILITY OF INFORMATION AND CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSES.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT The TMDC 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 TMDC 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 OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) RESULTS OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE.
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 OF THIS TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
15. EXCLUSIONS & LIMITATIONS
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 SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
NOTHING IN THESE TOS 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 TMDC OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to The TMDC from time to time. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website.
17. TRADEMARK & COPYRIGHT INFORMATION
A. The TMDC, the TMDC logo, the emblems, and mascots of TMDC events, and other TMDC logos and product and service names are trademarks and copyright material of The TMDC (the “The TMDC Marks”). You agree not to display or use The TMDC Marks in any manner without The TMDC’s prior written permission.
B. Certain information on the Website is provided by news services or other websites. All rights of reproduction and distribution are reserved. All information displayed in this section (dispatches, photographs, logos) is protected by intellectual property rights owned by the originators of materials. As a consequence, you may not copy, reproduce, modify, transmit, publish, display or in any way commercially exploit any of the content of this section without the prior written consent of the concerned news service or website.
18. COPYRIGHTS and COPYRIGHT AGENTS
The TMDC respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the Website, please provide The TMDC with the following information via the contact form at https://www.the-TMDC.com/en/more/contact.html.
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant right which is allegedly infringed;
b. a description of each work subject to the relevant rights that you claim have been infringed;
c. a description of the material that you claim is infringing and where that material is located on the site;
d. your address, telephone number, and email address and such other information as may be reasonably required by The TMDC to enable The TMDC to contact you;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
f. a statement by you that the above information is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf.
19. GENERAL INFORMATION
These TOS (including the guides and rules and other terms referred to herein) constitute the entire agreement between you and The TMDC in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and The TMDC, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
The TOS and the relationship between you and The TMDC shall be governed by the laws of the UK. All disputes in connection with these TOS are to be resolved, to the exclusion of the ordinary courts.
Any failure by The TMDC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found to be invalid, the parties nevertheless agree that the parties’ intentions as reflected in the provision shall be given effect to the fullest extent practicable, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these TOS. The TMDC may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these TOS to any third party at any time without your consent (such consent hereby being given).
Please report any violations of the TOS to The TMDC via the contact form at https://www.teammelli.com/contact.html