These are the general terms and conditions governing your use of this website and our services. By accessing, using or signing up for this website, our newsletters, or any other services and features, you are concluding a legally binding agreement based on these terms with Tom Anderson and Flutter, Inc.
3. Contact Information
4. Website's Intended Audience
This Website is directed towards adults. The Website provides a promotional platform for users, advertisers, brands and partners. The use of this Website is not intended for any person under the age of 18 years.
5. Member Registration
You have to be a registered user ("Member") to use the Website. Only Members can access certain services offered by the Website. If you are not registered with us, please visit the Sign Up page to register. Unauthorized access of the services is prohibited.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form.
If you provide information that is untrue, inaccurate, not current or incomplete, or We has reasonable grounds to suspect that you have provided such information, We may (in addition to any other rights or remedies available to us), suspend or terminate your membership and refuse any and all current or future use of the Website and the services (or any portion thereof). Users must immediately notify Us of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his personal information, including use of the account by any third party, whether or not such use is authorized by the Member.
If you register yourself with our Website, you are responsible for maintaining the confidentiality of your Member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Member identification and password.
When you sign up/register on this Website, your personal information will be registered automatically in our database which will be maintained by Us and may be used for sending marketing and promotional emails, newsletters etc, if subscribed to.
In case of change in personal information, you may write to Us at the contact information provided above.
6. Control of Personal Information
As a Member, We may allow you to have certain control over your privacy settings. However, be aware that if you choose to post on the Website, all posts are visible to everyone on the Website. Thus, any personal information you post will be accessible to all Members and all visitors of the Website. You should also be aware that any information that is made public on the Website will be searchable by other search engines. Additionally, even if that content is later removed from this Website, it may still be stored in other computers of people who visited the Website, and removal of that information from this Website will not remove it from those other computers. Therefore, we caution you to be very careful and exercise good judgment and discretion about posting personal information to the Website.
If you believe that your content is being displayed in a manner that you did not authorize, you can notify us of the potential error by using the "Contact Us" button on any page of the Website and we will look into the issue promptly.
7. Member Submissions
We have no obligation to review content added to the Website and We assume no responsibility for the deletion of any content on the Website. You acknowledge that by using the Website, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We assume no obligation or responsibility for confirming the accuracy, completeness or usefulness of any content, nor do We endorse such content. We do not verify the identity of people using our Website. You use the Website and the content at your own risk.
You agree that you will not upload, email, transmit, or otherwise make available any content that:
- is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity;
- containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- contains an email address, telephone number, street address, last name, or any that identifies a user other than yourself;
- that constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- that is commercial in nature; and
- is, or could be construed as, illegal or construed as being a part of an illegal activity. By submitting content to the Website, you hereby expressly permit Tom Anderson and any third party permitted by Tom Anderson, to identify you as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content.
8. Use of Content
Tom Anderson grants you a nonexclusive, nontransferable, revocable, limited license to view the Content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any purpose without the prior written permission of Tom Anderson. All rights not expressly granted in this Terms of Service are expressly reserved to Tom Anderson.
Tom Anderson may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
9. Member-Submitted Content and Rights to It
Any material, information, or data you transmit to Tom Anderson or post to the Website (each a "Submission" or collectively "Submissions") will be considered non confidential andnon proprietary. Tom Anderson does not want to receive any confidential or proprietary information from you via this Website. In respect of all Submissions you make:
- (i) you guarantee that you have the legal right to post/ distribute the Submission and that you are not in violation of any law or the rights of any person or entity, and
- (ii) you grant to Tom Anderson a royalty-free, irrevocable, perpetual and worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
While Tom Anderson strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Tom Anderson cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Tom Anderson, its suppliers, or by Members of the Website. Any opinions, advice, statements or other information expressed or made available by Members or third parties, are those of the respective Member or other third party and not of Tom Anderson. Tom Anderson does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
Tom Anderson recommends that all Members must use their discretion while relying or acting upon any information, advice, suggestion or tip provided on the Website, either by Tom Anderson itself or any other user of the Website. Tom Anderson does not have any obligation to prescreen, edit, or remove any Content provided by Members that is available through the Website. Notwithstanding the foregoing, Tom Anderson will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
Tom Anderson makes no claims to ownership of content that you submit, post, distribute or otherwise make available to or through the Website and you continue to retain all ownership rights in such content and the right to use your content as you determine. However, you do grant to Tom Anderson and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
- with respect to content you submit, post or otherwise make available to public areas of the Website (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such content (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Website, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
10. Contact with Third Party
Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions any terms, conditions, warranties, or representations associated with such dealings. The links provided to third party websites are solely as a convenience to users and should not be construed as an endorsement by Tom Anderson of content, items, or services on those third-party websites. You access and use such websites, including the content, items or services on those websites, solely at your own risk.
Tom Anderson does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Tom Anderson will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
11. Intellectual Property Rights
This Website is licensed by Tom Anderson. All right to, title to, and interest in the Content available on/ via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Tom Anderson or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and the Content are protected by United States copyright laws (United States Copyright Act of 1976), and belong to Tom Anderson or its partners, affiliates or contributors. The copyrights in the Content are owned by Tom Anderson or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Tom Anderson or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Tom Anderson or its affiliates without our prior written consent.
The Website is provided on an "as is" and "as available" basis. Tom Anderson expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Tom Anderson does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Tom Anderson makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website.
14. Limitation of Liability
Tom Anderson and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content available via the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that Tom Anderson is not liable for any defamatory, offensive or illegal conduct of the Members or third parties.
Additionally, in no event will Tom Anderson or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the Website; (2) the cost of procurement of substitute services, items, or Website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the Website; or (5) any other matter relating to the Website. These limitations will apply whether or not Tom Anderson has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
17. Applicable Law