Last Updated: 16th of January 2014
- Revised Terms
- Removal Requests
- Geographical Restriction
- Facebook Disclaimer
- Account & Usage
- The Hendon Mob CONTENT LICENSES
- Intellectual Property; Reservation
- User Contributions; Feedback
- Forum Guidelines
- Promotional Activities; Publicity Release
- Links to 3rd Party Sites
- Claims of Defamation
- DMCA Notice
- Disclaimer; Warranties
- Limitation of Liability
- Miscellaneous Clauses
- Trademark Attribution
The Hendon Mob reserves the right, in its sole discretion, to modify or change these Terms, in whole or in part, at any time by posting the changes on or within the Website (defined below). Your continued use of the Website following the posting of such changes constitutes your acceptance of the revised Terms. It is your responsibility to check and read the lasted version of the terms. If the modified Terms are not acceptable to you, you must stop using the Website. You agree that The Hendon Mob may discontinue or change any part of the Website, including the Database, its content, at any time, for any reason, without notice and without liability to you.
The Hendon Mob reserves the right, in its sole and unfettered discretion, to modify, suspend or discontinue the Website, the Website Content (both defined below), or any license granted to you hereof, or any part thereof without notice to you. Any updates to the Website and to the Website Content shall be subject to these Terms.
The Hendon Mob owns and operates the website located at the following URL: www.thehendonmob.com (“Website”), as well as the database that contains poker related data (“Database”). In particular, The Hendon Mob owns, or licenses and publishes the content and services found on the Website, including without limitation the Database, all features, materials, information, content, text, design, graphics, logos, icons, trademarks, images, audio and video clips, and software appearing on or offered on the Website, as well as the selection, assembly and arrangement thereof, The Hendon Mob, scores, performance, rankings, The Hendon Mob 300 and The Hendon Mob TOP 10 (collectively “Website Content”).
We, at The Hendon Mob, believe that in order for poker to flourish and grow, the games of poker as well as the actions of poker players must be unblemished from actual or suspected immoral or unfair behaviour. In particular, players that cheat spoil the game of poker for everybody.
The Hendon Mob reserves the right, in its sole and unfettered discretion, to remove individual poker players and /or the player’s results from the Hendon Mob Database and/or the Website for any reason whatsoever. Such reasons may include without limitation, allegations or suspicions of cheating – of any nature or type, actions by the player that are immoral or otherwise bring their own reputation or that of poker into disrepute.
Removal of players will occur without notice and The Hendon Mob’s decision to remove a player from the Database and/or Website will be final. Such removal by The Hendon Mob, will not incur any compensation or payment to any player or third party. Neither will The Hendon Mob be liable for any damages (howsoever arising), and any such liability is excluded to fullest extent permitted, that a player may allege has occurred, due to any removal from the Database or Website.
If you believe that you have been removed from the Database in error, please contact us at firstname.lastname@example.org.
It is The Hendon Mob’s policy to remove players from the Database only in very limited circumstances. In the unlikely event that The Hendon Mob agrees (in its unfettered discretion) to such removal, The Hendon Mob reserves the right to charge a fee in order to cover, without limitation, its administrative and technical expenses. The removal fee must be paid in full and in advance before any removal request occurs.
To use, access or view the Website, you must be a natural person, at least 18 years old. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Website.
Not all features, products or services discussed, referenced, provided or offered through the Website are available to all persons, in all geographic locations, or at all times. Access to the Website may not be legal in certain countries. If you access the Website from outside the US or EU, you do so on your own initiative and are responsible for compliance with local laws.
You agree and acknowledge, as condition of participating in the Website, that Facebook does not sponsor, endorse, administer, or is in any way associated with the Website. All questions regarding the Website must be directed to The Hendon Mob, not Facebook. You also agree that as a condition of participating in the Website you shall release Facebook from any and all liability arising out of your participation in the Website.
The Hendon Mob Account Registration
You may browse the Website anonymously, but in order to access and use certain parts of the Website and forums and to post any User Contributions (as defined below), you must create an account via The Hendon Mob Website ("Account”).
The Hendon Mob reserves the right to delete or reclaim any username at any time and for any reason. You understand that your user ID number, name and profile will be publically available and that search engines may index your name and profile photo; this condition also applies
By creating an Account with The Hendon Mob, you agree to the following terms to protect the security of your Account:
You shall not share your password, nor let anyone else access your password or do anything else that might jeopardize the security of your Account.
In the event you become aware of, or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Account, you will immediately notify The Hendon Mob and modify your password;
You are solely responsible for maintaining the confidentiality of your passwords and you will be responsible for all uses of your Account;
You therefore acknowledge that The Hendon Mob may suspend your access to or terminate your use of your Account if someone else uses it to engage in any activity that violates these Terms, or is otherwise, illegal, improper or immoral; and
You undertake to restrict use of your Account by minors, and you will deny access to anyone under the age of 18.
Reproduce and display The Hendon Mob Information both on and offline (website, print, newsletter, catalogs, magazines, newspapers, periodicals, leaflets, promotional or advertising materials); and
Reproduce and display The Hendon Mob Information in relation to the advertising and the promotion of The Hendon Mob, , as well as in relation to rights particular to fair use (i.e. commenting, newsworthy) to the extent that such fair use in carried out in a ‘de minimise’ manner, in respect of The Hendon Mob Information,
The Hendon Mob Occasional Use License does not grant any rights for regular use, whether commercial or non commercial, of the poker statistics found on The Hendon Mob Website.
It shall be The Hendon Mob’s sole and unfettered decision as to what constitutes occasional or regular use.
The Hendon Mob Occasional Use License - Copyright Attribution: You must include, affix and/or append with each reproduction and display of The Hendon Mob Occasional Use TOP 10:
the following intellectual property attribution:
“Data licensed by The Hendon Mob (www.thehendonmob.com). Patent Pending. All Rights Reserved. © The Hendon Mob 2013.”
“The Hendon Mob” trademarks and logos shall also be affixed to the display, reproduction or Data Feed (defined below); and
In respect of (i) and (ii) above, both affixations shall be in the manner used by The Hendon Mob or as per The Hendon Mob’s instructions.
You must not amend, change, edit or modify the look and feel or design of the format of The Hendon Mob information, or any of The Hendon Mob trademarks, or do anything that would detract, dilute or otherwise degrade the intellectual property rights of The Hendon Mob.
All Other Use and Regular Use of The Hendon Mob Information
Must Be Covered by a Written License.
Data Feed License The Hendon Mob provides data feeds of its Database content to third parties, subject to your entering into a license agreement (“Data Feed”). If you would like further information as to how to obtain the rights to receive and display a The Hendon Mob Data Feed, please contact us via email@example.com – stating Data Feed in the subject matter.
Other Website Content If you wish to obtain permission to quote, reproduce or represent any Website Content, please contact us at firstname.lastname@example.org.
Restrictions You hereby acknowledge that your license to use the Website, Website Content, the Data Feeds, the Database and The Hendon Mob Information is limited by these Terms and any license that you enter into with us. If you violate, or if at any time you do not agree to any of these Terms, your license to use the Website, Website Content and The Hendon Mob Information shall immediately terminate and you must immediately stop using, remove and/or refrain from using the Website, Website Content and The Hendon Mob Information.
Intellectual Property Rights; Reservation
“Intellectual Property” shall mean any and all rights existing from time to time under patent, copyright, moral rights, trade secret, trade dress, trademark, database, unfair competition, publicity rights, privacy rights law, and any and all other proprietary laws and rights, all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.”
The Website, Website Content, the Database, The Hendon Mob TOP 10, Data Feed and all Intellectual Property therein or arising there from are the sole property of The Hendon Mob and are protected by international Intellectual Property laws and treaties. All rights not expressly granted in these Terms are expressly reserved.
You shall not, nor shall you permit, allow or cause any other party to: modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, frame, republish, scrape, download, display, transmit, post, lease and/or sell in any form or by any means, in whole or in part, or use or exploit, for any purpose, the Website, the Database or any Website Content (in whole or in part) otherwise than in compliance with these Terms. Use of the Website, the Database or the Website Content other than in compliance with these Terms is strictly prohibited and may subject you to civil and /or criminal penalties.
You may not access the Website (including the Website Content) to build similar or competing websites.
You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software, or Data Feed, or the Database contained on or integrated with the Website or any part of it or to create, publish or distribute derivative works from any software contained on the Website or from any Website Content.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
You acknowledge and agree that you do not acquire any ownership rights by using the Website, or by accessing any of the Website Content or rights to any derivative works thereof.
The Hendon Mob Database is owned by The Hendon Mob. You do not and cannot acquire any ownership rights in the Database or any derivative data, or derivative works, or the Data Feeds that may arise or be created from the Database. You must not extract or re-utilise any data (in whole or in part) of the Database; this is strictly forbidden.
Any other use of the Website, of the Website Content, Data Feeds, Database and/or of The Hendon Mob TOP 10 is strictly prohibited.
The Hendon Mob may, without notice and without liability to you, refuse you access to the Website, the Account or any licenses granted to you herein at any time, including but not limited to a threatened or suspected violation of these Terms or of any license terms granted to you hereof, or the illegal or improper use of any Account you may have with The Hendon Mob, the Website, and/or User Contributions (defined below), The Hendon Mob’s Intellectual Property, or as otherwise determined by The Hendon Mob in its sole and unfettered discretion.
The Website may include various forums, blogs, and chat rooms, or the ability for you to upload data and information (collectively “Forums”) where you and other users can post your observations and comments ("User Contribution”). Use of The Hendon Mob cannot and does not guarantee that other users, whether registered or unregistered with the Website, will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on any Forums.
THE HENDON MOB IS NOT RESPONSIBLE AND HEREBY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW, FOR YOUR OR ANY USER'S, PROVISION, USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS.
You acknowledge and agree that you are solely responsible for all User Contributions that you make available via the Forums. You represent and warrant that: (i) you are either the sole and exclusive owner of all User Contribution that you make available through the Website or that you have all rights, licenses, consents and releases that are necessary to grant to The Hendon Mob the rights in such User Contributions as contemplated under these Terms; and (ii) neither the User Contributions nor your posting, uploading, publication, submission or transmittal of the User Contributions or The Hendon Mob’s use of the User Contributions (or any portion thereof) on, through or by means of the Forums will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or any other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Hendon Mob may or may not monitor or regulate User Contributions and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Contributions posted on the Forums. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by The Hendon Mob, and these communications should not be considered as being reviewed or approved by The Hendon Mob.
By using the forums you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Contribution and You agree that The Hendon Mob will not, under any circumstances, be responsible or liable for any User Contributions, including, but not limited to, errors in any User Contributions or any loss or damage incurred by use of the User Contributions or for any failure or delay in removing User Contributions.
The Hendon Mob reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete you or User Contributions from the Website, with or without notice, for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, The Hendon Mob shall at no time be responsible or held liable for the removal, modification or blocking of material or User Contributions and shall at no time be obligated to effect such removal.
The Hendon Mob shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE HENDON MOB FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY The Hendon Mob DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE HENDON MOB OR LAW ENFORCEMENT AUTHORITIES.
By making available any User Contributions through the Forums, you hereby grant to The Hendon Mob a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit in such manner, whether for commercial, non-commercial or promotional purposes, as The Hendon Mob in its sole and unfettered discretion decides.
Subject to the license that you must grant to The Hendon Mob hereunder, The Hendon Mob welcomes and encourages your feedback, comments and suggestions for changes or improvements to the Website ("Feedback"). You may submit Feedback by emailing us at email@example.com.
You acknowledge and agree that all Feedback will be the sole and exclusive property of The Hendon Mob and you hereby irrevocably assign to The Hendon Mob and agree to irrevocably assign to The Hendon Mob all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At The Hendon Mob's request and reasonable expense, you will execute all such documents and take such further acts as The Hendon Mob may reasonably request to assist The Hendon Mob to acquire, perfect, and maintain its intellectual property rights in and other legal protections for the Feedback.
You acknowledge that any and all User Contributions and Feedback that you provide to The Hendon Mob is done so voluntarily and that The Hendon Mob shall not be obligated to remunerate you or any other person or entity even if The Hendon Mob subsequently uses the same.
By using the Website and/or Forums you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Contribution and You agree that The Hendon Mob will not, under any circumstances, be responsible or liable for any User Contributions, including, but not limited to, errors in any User Contributions or any loss or damage incurred by use of the User Contributions or for any failure or delay in removing User Contributions.
The Hendon Mob reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete you or User Contributions from the Website and/or Forums, with or without notice, for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, The Hendon Mob shall at no time be responsible or held liable for the removal, modification or blocking of material or User Contributions and shall at no time be obligated to effect such removal.
The Hendon Mob shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website and/or Forums. YOU WAIVE AND HOLD HARMLESS THE HENDON MOB FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE HENDON MOBDURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER The Hendon Mob OR LAW ENFORCEMENT AUTHORITIES.
You represent and warrant that you have full right and authority to use the Forums and to be bound by these Terms.
You undertake that you shall not defraud, or attempt to defraud, The Hendon Mob or other users, and that you shall not act in bad faith in your use of the Forums. If The Hendon Mob, in its sole and unfettered determination, decides that you have attempted, or have in fact, acted in bad faith, in violation of these Terms or that your conduct and/or actions fall outside or below of reasonable community standards, The Hendon Mob may, in its sole discretion, suspend or terminate your Account and any services, in whole or in part, and prohibit you from using the Forums.
You further agree that you must not and must not attempt to do any of the following:
Create an Account or access the Website or Forums if you are under the age of 18; and/or
Use the Account and/or Forums for commercial, non-entertainment purposes;
Upload, post, transmit, promote or otherwise disseminate content or material that is vulgar, violent, indecent, obscene, racist, pornographic, sexual or that is, in The Hendon Mob’s sole opinion, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, whether hatefully, racially, ethnically, sexually or in any other manner, or attempt to or promote any of the aforementioned actions;
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Forums are accessed;
Attempt to obtain passwords or other private information, including without limit, personally identifiable information (whether in text, image or video form), identification documents, or financial information from other users of the Forums or from any third party;
Post or communicate any person's real-world personal information using the Forums;
Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone, whether or not such party is a user of the Forums;
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without The Hendon Mob’s written permission;
Advertise, solicit or transmit any commercial advertisements, including without limit, chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Forums in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and/or publicity);
Violate any applicable laws or regulations, or encourage, promote or permit any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks relating to or for the Forums;
Use, combine or allude to The Hendon Mob’s or any third party’s trademarks as part of your user name, your team’s or leagues or in any manner whatsoever. Neither shall you register, whether in full or in combination, any trademark, domain name or any other intellectual property right, that uses, alludes to or combines with any The Hendon Mob or any third party’s trademark or intellectual property right, whether registered or unregistered, or is in existence or pending.
Interfere with or attempt to interfere with, the ability of others to enjoy using the Forums, including disrupt, overburden or aid the disruption or overburdening of the Forums’s servers, or act in any manner that interferes with or materially increases the cost to provide the Forums for the enjoyment of all its users;
Upload or transmit, or attempt to upload or transmit, files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Forums, The Hendon Mob’s technical systems, or the computers of other users of the Forums;
Upload or transmit (or attempt to upload or to transmit), without The Hendon Mob’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
Improperly use support channels or complaint buttons to make false reports to or about the Forums or The Hendon Mob;
Develop, distribute, use, or publicly inform other members of bots, hacks, modes, "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Attempt to use the Forums on or through any service that is not authorized by The Hendon Mob;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Forums; access, tamper with, or use non-public areas of the Forums, computer systems, or the computer systems of our providers and partners, or Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Forums;
Attempt to probe, scan, or test the vulnerability of any The Hendon Mob system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The Hendon Mob or any of our providers or any other third party (including another user) to protect the Forums or any part thereof;
Attempt to use the Forums on or through any platform or service that is not authorized by The Hendon Mob;
Use the Forums if you are located in a country embargoed or sanctioned by the European Union, or United States, or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
Encourage, permit or enable any other individual or group to do any of the foregoing.
Whilst we want you to enjoy The Hendon Mob, you understand that any content, use, or actions that you undertake within, or in reference to the Forums are or will become the sole property of The Hendon Mob and The Hendon Mob shall have the right to use, publish and distribute the such content pursuant to the User Contributions License set out in the Terms (Of Use).
By registering for any promotion, you agree that The Hendon Mob may display your name, prize winnings on the Website and The Hendon Mob’s promotional material. By accepting any prize from the Website, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as we may require for this purpose.
The Website may contain links to third-party websites or resources that are not owned or controlled by The Hendon Mob. You acknowledge and agree that The Hendon Mob is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The Hendon Mob does not control nor does it review, research, verify, validate or approve the third-party sites to which the Website may be linked. Such links, therefore, do not imply any endorsement by The Hendon Mob of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
UK Defamation Act 2013: in accordance with England’s Defamation Act complaints regarding alleged defamatory content on our Websites (“Problematic Content”), as received by The Hendon Mob shall either: (i) be forwarded to the author who then has 5 days in which to respond in writing. Failure by the author to respond within this time line shall result in the removal of the Problematic Content within a further 48 hour period, or (ii) The Hendon Mob may, in its unfettered discretion decide to remove the Problematic Content within 48 hours of the complaint with or without recourse to the author. In the event that an author does not consent to the removal of the Problematic Content, The Hendon Mob is obliged to inform the complainant of such response and its content within 48 hours of receiving the same from the author. Refusal or failure of an author to provide: (i) its name and address to The Hendon Mob, or (ii) any response, or (iii) it appears to The Hendon Mob that the Problematic Content is obviously false, or (iv) if The Hendon Mob is unable to communicate with the author, shall result in The Hendon Mob removing the Problematic Content within the 48 hours deadline.
Please address any claims of alleged defamatory content to firstname.lastname@example.org inserting ‘Defamation Content’ in the header of the email and include sufficient particularly (details) as to (i) your claim and (ii) where we can find the alleged defamatory content. Please also include your name and address in the email.
Reporting Claims of Copyright Infringement
The Hendon Mob takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from The Hendon Mob Website, infringes your copyright, you may request the removal of those materials from the Website by submitting written notification to our Copyright Agent (designated below).
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (“DMCA Notice“) must include the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
FAO: Legal Counsel
The Hendon Mob
3rd Floor, 12 Gough Square
London, EC4A 3DW
Please email: email@example.com with the words “DMCA Counter – Notice” in the subject line
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to the address set out above.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Our designated Copyright Agent to receive DMCA Notices & Counter Notices is:
FAO: Legal Counsel
The Hendon Mob
3rd Floor, 12 Gough Square
Please email: firstname.lastname@example.org with the words “DMCA Counter – Notice” in the subject line.
Updates to the Website; Maintenance
The Hendon Mob conducts maintenance work on its system from time to time. You acknowledge and agree that The Hendon Mob may update the Website with or without notifying you. The Hendon Mob may require that you accept updates to the Website and you may also need to update third party software from time to time in order to receive the Website. A portion, or sometimes all, of the features of the Website may not be available during maintenance periods.
THE WEBSITE, WEBSITE CONTENT, DATA FEEDS AND ANY SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HENDON MOB AND THE HENDON MOB’S AFFILIATES, SUBSIDUIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, "THE HENDON MOB PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, CUSTOM OR USAGE OF TRADE.
THE HENDON MOB PARTIES MAKE NO WARRANTY THAT THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; NOR IS ANY WARRANTY PROVIDED REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE WEBSITE, WEBSITE CONTENT AND ANY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND/OR ANY SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
The Hendon Mob shall 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 SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY WEBSITE CONTENT POSTED ON THE WEBSITE, OR ON ANY SERVICE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES REMAINS WITH YOU. NEITHER THE HENDON MOB PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF A CHANCE, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT AND ANY SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HENDON MOB PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE; EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE HENDON MOBPARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE HENDON MOB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT, SHALL THE HENDON MOB BE LIABLE FOR ANY MALFUNCTIONS OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE HENDON MOB IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE HENDON MOB MAY HAVE IN RESPECT OF FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY THE HENDON MOB’S NEGLIGENCE.
You agree to indemnify, save, and hold The Hendon Mob Parties harmless from any claims, losses, damages, liabilities, including legal fees, costs and expenses, arising out of or in connection with:
Your use or misuse of the Website, Website Content, services or User Contributions;
Any violation by you of these Terms;
Any unauthorised access by you of the Database;
Any breach of the representations, warranties, and covenants made by you herein; and/or
Your violation of The Hendon Mob’s and/or any third party rights, including without limit any intellectual property right and in particular rights relating to copyright, database, privacy or publicity rights.
The Hendon Mob reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify The Hendon Mob Parties and you agree to cooperate with The Hendon Mob's defence of these claims. The Hendon Mob Parties will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination, howsoever arising of your access to the Website, a Data Feed, the Forums or any other service provided by The Hendon Mob.
If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE IN RESPECT OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire and exclusive understanding and agreement between The Hendon Mob and you regarding the Website. These Terms supersede and replace any and all prior oral or written understandings or agreements between The Hendon Mob and you regarding the Website, or Website Content.
You may not assign these Terms or any rights arising hereunder, by operation of law or otherwise, without The Hendon Mob's prior written consent; any attempt by you to assign these Terms or any rights arising hereunder, without such consent, will be void. The Hendon Mob may assign or transfer these Terms, at its sole discretion, without restriction. Notwithstanding the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any and all notices or service of legal proceedings (collectively “Notices”) must be in writing and given: (a) by The Hendon Mob to you - either (i) via email, or (ii) by posting to the Website, or (b) by you to The Hendon Mob - if sent to The Hendon Mob’s Legal Department, 2nd Floor, Yamraj Building, Road Town, Tortola, BVI.
All Notices shall only take effect upon posting to the Website or if sent via mail upon receipt by The Hendon Mob.
The obligations and terms set out herein, which by their nature should survive, including, but not limited to any and all obligations relating to Intellectual Property and Ownership, Limitation of Liability, Disclaimer of Warranties, Indemnity, User Contributions, Feedback, User Conduct & Usage, Intellectual Property, Governing Law and Jurisdiction, Limitation on Time to File Claims, Assignment, Waiver and Severability will remain in full force and effect after termination or expiration, howsoever arising, of these Terms.
Without prejudice to any other rights or remedies that The Hendon Mob may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of the provisions of these Terms by you. Accordingly, The Hendon Mob shall be entitled, without proof of special damages, or requirement to post bond or guarantee, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.
The failure of The Hendon Mob to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Hendon Mob. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of England & Wales without regard to any conflict of law’s provisions. You agree that the courts situated in England shall have exclusive jurisdiction and venue of any action with respect to the subject matter or, or any matter connected to or arising from these Terms.
However, The Hendon Mob retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
The Website and all related services are brought to you by The Hendon Mob Limited, 3rd Floor, 12 Gough Square, EC4A 3DW, London, England.
The Hendon Mob™ is a trademark of The Hendon Mob Limited in the United States, Europe and elsewhere.
Facebook is a registered trademark of Facebook Inc., in the United States and elsewhere.
All other trademarks belong to their respective owners and/or licensors.