These terms and conditions ("Terms") apply to all and any use of the website available at FantasyBandManager.co.uk / FantasyBandManager.co.uk and its games, competitions, content and services including without limitation the communications service as defined below ("the Website") and any material submitted, posted or otherwise placed on the Website, together with all and any material, comments, messages and other communications made to, from or using the Website, any part of it or any related service ("Communications").
By using the Website you are telling FantasyBandManager that you understand, accept and are able to accept these Terms and agree to be bound by these Terms. If you do not accept or understand these Terms you should not use the Website or any part of it including without limitation by making communications.
If you are under the age of 18 and do not understand these Terms please ask a parent or guardian to explain their meaning to you.
FantasyBandManager may make alterations to these Terms from time to time.
Use of the Website
FantasyBandManager grants you a non-exclusive, limited licence to download and use the Website solely for your private, non-commercial, personal use only via the Internet. You may not transfer, sub-license or deal in this right without FantasyBandManager’s prior written permission. These Terms and the rights granted by them do not give you any title or ownership in the Website and should not be construed as a sale or transfer of any copyright or other right.
Intellectual Property Rights
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in FantasyBandManager, or are licensed to FantasyBandManager.
All intellectual property rights of FantasyBandManager are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners and FantasyBandManager makes no warranty or representation in relation thereto. More specifically, FantasyBandManager does not claim or assert any right title or interest in any third party communications or any information or data contained on the Website that refers real world events, people, organisations, bands, venues, places, artists, companies or awards (Real World Data).
All Real World Data and all rights in Real World Data are the property of their respective owners and FantasyBandManager does not have and does not represent any connection or association with any Real World Data or any subject of any Real World Data.
Real World Data is included in the Website for the purpose of providing information only and to identify honestly and fairly real world facts.
Restrictions and Obligations
You agree not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, decompile or reverse engineer or create derivative works out of the Website or any information contained in it, to the fullest extent permitted by applicable law; remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Website; make the Website or any Game available to any third party; create software which mimics data or functionality in the Website; use or deal in the Website except as permitted by these Terms; include contact details intended to facilitate communication outside of the Website, in any communication; use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email. make any public or commercial use of the Website without FantasyBandManager's prior written consent; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Website without FantasyBandManager's prior written permission; display, publish, copy, print, post or otherwise use the Website and the information contained therein for the benefit of any third party or website without FantasyBandManager's prior written consent; use the Website and any communications nor process or use the information contained on or within the Website unfairly or for any illegal or immoral purpose; use the Website and any communications nor process or use the information contained on or within the Website for any commercial or business purpose; delete or obscure any copyright or other proprietary notice. You agree to comply with the Website’s code of conduct, the rules of any game available on the Website and all other applicable rules.
Rules / Code of Conduct
We reserve the right to remove or suspend users at any time for any reason and without a refund of previously purchased items.
Some examples of reasons that may result in us removing or suspending a users account are listed below: Continued cheating on the site; Using multiple e-mail accounts to circumvent the line-up limit; Using the site in a way that we consider to ruin the experience for other users; You agree to comply with the Website’s code of conducts; the rules of any game available on the Website and all other applicable rules.
Website Third party websites and online services to which the Website links ("External Sites") such as NME.COM for the news feed have not been verified or reviewed by FantasyBandManager. All use and access of External Sites is made at your own risk. Any username and password issued to you is personal to you, so that you can use and access the Website and must not be disclosed to any third party without FantasyBandManager’s prior written consent. All communications sent by FantasyBandManager and attachments thereto are intended only for the addressee and/or others authorised to receive them. The artist value and earnings used within FantasyBandManager are calculated using indicative criteria (such as chart sales, tour details and awards achieved) and are provided for entertainment purposes only. They are not related to the actual earnings of said artists.
Forum and communications The Website is an entertainment and information service and ancillary to this FantasyBandManager is involved in the transmission, storage, retrieval and dealing with third party communications without review, selection or alteration of their content - for which it is a mere conduit. The views expressed in any communications are the views of the individual authors and not those of FantasyBandManager unless specified otherwise by FantasyBandManager. FantasyBandManager is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any communications. By using the Website you acknowledge that FantasyBandManager has no responsibility to review the content of any communications and that all communications are made available on the basis that FantasyBandManager is required to and does not exercise any control or judgement of their content. Notwithstanding the foregoing FantasyBandManager shall be entitled to remove or reject any communications and remove or suspend your ability to make or access communications. You agree that FantasyBandManager may use, publish, edit, modify and adapt your communications for any and all purposes relating to the Website and the business of FantasyBandManager and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your communications. You agree and undertake that you will not make any communication or post to or transmit to the Website any statement or material that: is unlawful or which gives rise to civil or criminal liability; promotes any illegal or unlawful activity; infringes any copyright or other intellectual property right of any third party or assists infringement or piracy; includes any computer virus, worms, logic bombs or other malicious software or technically harmful data; is abusive, pornographic, defamatory, discriminatory or obscene; harasses any person; markets or promotes any third party; which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect; contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. FantasyBandManager has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise of some degree of caution when using any website. By using the Website and its services you accept that this is the case and accept that you therefore use the Website at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
Liability FantasyBandManager provides and maintains the Website for personal entertainment, on an "as is" basis and is liable only to provide its services with reasonable skill and care. FantasyBandManager gives no other warranty in connection with the Website and to the maximum extent permitted by law, FantasyBandManager excludes liability for: any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which FantasyBandManager has been made aware of; the accuracy, currency or validity of the information and material contained within any communications or the Website; any interruptions to or delays in updating the Website; any incorrect or inaccurate information on the Website; the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Website; the availability, quality, content or nature of External Sites; any transaction involving External Sites; any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any communication; all representations, warranties, conditions and other Terms which but for this notice would have effect. FantasyBandManager does not warrant that the operation of the Website will be uninterrupted or error free. FantasyBandManager will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit FantasyBandManager's liability for death or personal injury resulting from its negligence nor any fraudulent representation. You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Website. You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account. You hereby indemnify, defend and hold FantasyBandManager and FantasyBandManager’s affiliates and FantasyBandManager’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website any communications and any use of your membership account. You shall use your best efforts to cooperate with FantasyBandManager in the defence of any claim. FantasyBandManager reserves the right, at FantasyBandManager’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Termination Without limiting to any other rights it may have FantasyBandManager may remove, restrict, cancel or suspend access to and use of the Website and any part of it without notice, if it considers (in its sole discretion) that you have breached of any of these Terms.
Privacy and Data Policy FantasyBandManager will only use information collected about you in accordance with the Data Protection Act 1998.
FantasyBandManager may ask you for certain information and you may submit personal data to the Website (such as your name, email address and contact details) when you subscribe or sign up to the Website. FantasyBandManager may also record which parts of the Website and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used: process your communications, your subscription to the Website and to enable your use of the Website and associated services; open and run your account and provide you with an up to date, efficient and reliable service; administer prize draws; generally run the Website Google and the DoubleClick DART cookie: Google, as a third-party vendor, uses cookies to serve ads on this site. Google's use of the DART cookie enables it to serve ads to users based on their visit to this site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, Please visit the Network Advertising Initiative website. By subscribing and submitting your data you agree to this use. From time to time FantasyBandManager also monitor and record telephone calls for training purposes and to improve the service to you. FantasyBandManager will never collect sensitive information about you without your explicit consent. In accordance with the Data Protection Act 1998, FantasyBandManager is registered with the Information Commissioner. If you believe FantasyBandManager has information about you that you do not want FantasyBandManager to have or that is incorrect, please contact FantasyBandManager as described below and FantasyBandManager shall correct or remove the data as you request as soon as is reasonably practicable. If you have any other concerns over privacy, this privacy policy or this Website please contact FantasyBandManager as described below.
Cookies FantasyBandManager uses cookies; on the Website. Cookies are a way that information such as whether you have visited the Website before is recorded on your computer and used by FantasyBandManager to improve the Website and the services available to you. If you do not wish for FantasyBandManager to use cookies when you use the Website please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this but please note that this may affect your ability to use the Website and Games. If you do not disable "cookies" the Website will ask for and store details including name and email address and may automatically insert certain information on the subscription or communications forms so that you can use the Website with less form filling.
Paid for Features The Website is free to use and play, however you may purchase additional services and features in order to enhance your use of the Website including without limitation private leagues ("Paid for Features"). Paid for Features may be purchased through a Paypal account. PLEASE DO NOT SEND CASH. FANTASYBANDMANAGER MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). FANTASYBANDMANAGER WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDERS, MONEY ORDERS OR CHEQUES LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY FANTASYBANDMANAGER. Paid for Features are advertised for sale on the Website so that you may offer to purchase them for the price stated in the manner described below. When you complete and submit the online form required to purchase credits for Paid for Features you are offering to purchase them for the price stated ("Order"). Orders are subject to these terms and conditions and will be confirmed by e-mail. Orders are deemed accepted when FantasyBandManager sends the confirmation e-mail. FantasyBandManager may cancel any sale and not supply Paid for Features if it is reasonable to do so and may change or discontinue the availability of Paid for Features at any time at its sole discretion. You may cancel your Order of Paid for Features at any time up to the end of the 14th calendar day after receiving them. Once notified, FantasyBandManager shall, as soon as possible, re-credit your account with any sum debited by it from your credit card or debit card or other method of payment in respect of that Paid for Features and remove your Paid for Features from the Website and remove you from any areas connected to the Paid for Features. You will not be charged for any Orders that cannot be fulfilled and where appropriate FantasyBandManager will re-credit to your account any sum debited by FantasyBandManager. FantasyBandManager cannot guarantee that a particular Paid for Feature will always be available. Your statutory rights are unaffected by these Terms.
General Terms and Conditions All questions, comments or enquiries should be directed by email to admin@FantasyBandManager.co.uk or by post to Bottled Rocket Limited, 43 Clent Hill Drive, Rowley Regis, United Kingdom. B65 8LP. These Terms constitute the entire agreement between you and FantasyBandManager and shall apply to the exclusion of all other terms or conditions of contract which you may propose. Failure to enforce any of these Terms will not be deemed a waiver of any term or right. If any part of these Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect. The Website is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Website complies with the regulatory regime and local laws of any other country. Use of FantasyBandManager and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts. The English Language version of these Terms is the prevailing and authoritative version and any translation of these Terms is for reference only
About FantasyBandManager FantasyBandManager is owned by Bottled Rocket Ltd. All questions, comments or enquiries should be directed to FantasyBandManager at admin@FantasyBandManager.co.uk Registered company number: 07180113 Registered company address: Bottled Rocket Limited, 43 Clent Hill Drive, Rowley Regis, United Kingdom. B65 8LP.
