We are Pianola Limited and we operate the PIANOLA service and www.pianola.net. In these terms and conditions we refer to the PIANOLA service and the site at www.pianola.net together as "the Site."
We are a limited company registered in England and Wales with company number 7463771 and have our registered office at The Forge, 122 Millshaw, Leeds, LS11 8LZ, UK.
These terms and conditions set out the terms on which you may use the Site. Please read these terms carefully before you start to use it. By accessing or using the Site, you accept and agree to be legally bound by these terms. If you do not agree with these terms in their entirety, you must not use the Site.
We may alter these terms at any time by giving you 14 days notice. While we will use reasonable endeavours to alert you by email and on-screen messages to any changes to the terms, it is your responsibility to check whether and what changes have been made. Your use of the Site shall always constitute acceptance of the most recent version of the terms that we have placed on it. If you do not accept the new terms you should notify us by email within the 14 day period. You will be permitted to continue to use the Site for a period of three months under the previous terms, after which time continued use of the Site will constitute your acceptance of them.
Introduction
The Site incorporates a software application designed for bridge clubs ("Clubs") and their members ("Members"). It enables Clubs to better manage their administrative functions, and it provides a more social experience for Members than is traditional.
When a Club opens a Club account, it can upload its membership records and email its members to invite them to open a Member account. It can issue membership renewal notices by email and record receipt of membership renewal fees.
If you have received an invitation email from your Club to join PIANOLA, you can activate your account by clicking on the link in the email and following the instructions. There are two types of PIANOLA account: the Member account and the Club account. Members’ basic accounts are free, but your Club needs to have a Club account before you can sign up. Club accounts are available to Clubs for a fee. Members can upgrade their account from Basic to Pro for a fee. For more information on Club accounts and our current pricing, please contact us at support@pianola.net.
Access
We shall use reasonable endeavours to make the Site available to Clubs and Members for 24 hours a day, seven days a week, except for (a) planned maintenance (normally carried out between 07:00 and 12:00 GMT; and (b) unplanned maintenance, provided that we have used reasonable endeavours to give Clubs and Members notice in advance.
Notwithstanding paragraph 3.1, access to the Site via a Member account is permitted on a temporary basis, and we reserve the right to withdraw or amend access to it without notice. We will not be liable to a Member if for any reason the Site is unavailable at any time or for any period. Members’ accounts will be unavailable if the relevant Club account subscription expires. In such circumstances, where a Member has upgraded their account, a refund will be made for any unused portion of the subscription purchased.
If you breach these terms, your right to use the Site will automatically immediately cease. We reserve the right at our discretion to restrict a user's usage of the Site either temporarily or permanently.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site subject to the restrictions contained in these terms. We do not authorise the use of the Site by a Member for any purpose other than his or her personal use, and we prohibit the resale and redistribution of it. You may not modify, copy, transmit or sell any information, software, products or services obtained from the Site.
To the extent that access to the Site requires you to provide and use a password, you are entirely responsible for maintaining the confidentiality of it. You are entirely responsible for any and all activities that occur under your account and you agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge unless such unauthorised use was reasonably within our control and any loss you may incur as a result is due to negligence on our part. You may not use anyone else's account without the permission of the account holder.
Uploading material to the site
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in these terms. You warrant that any material posted to the Site by you is true, accurate, current and complete and complies with these terms. You indemnify us for any breach of that warranty.
Clubs and Members shall retain all their rights, title and interest in and to any material uploaded to the Site. We shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these terms.
You must not use the Site in a way that constitutes or encourages conduct that:
is against the law;
is abusive, defamatory, discriminatory, indecent, obscene or offensive;
is in breach of confidence or privacy;
infringes any third party’s right;
is technically harmful or disruptive (whether through hacking, spamming, denial-of-service attack, computer viruses, logic bombs, trojans, worms, or other malicious software or harmful data); or
is intended to bypass measures used to prevent or restrict you or other users from accessing all or part of the Site.
You must not post to the Site any material for which you have not obtained all necessary licences, approvals and permissions.
Notwithstanding any other provision of these terms and conditions, we will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this paragraph 4.
Limitation of liability
The Site may contain material submitted or created by you or other users (User Content). You agree not to hold us responsible for User Content. You acknowledge and accept that any User Content on the Site may be out of date at any given time, and we are under no obligation to update it.
To the maximum extent permitted by law, we exclude all liability arising from User Content and from reliance on User Content by you or anyone else that becomes aware of it.
To the maximum extent permitted by law, we exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity (including in relation to the completeness or accuracy of any player data processed and made available in accordance with paragraph 6);
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise; and
liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
Nothing in these terms affects:
our liability for death or personal injury arising from our negligence;
our liability for fraudulent misrepresentation; or
any other liability which cannot be excluded or limited under applicable law.
Privacy
The PIANOLA service will provide data about you and your bridge game performances to your bridge administrating body (such as the English Bridge Union or American Contract Bridge League) in order to satisfy your Club’s reporting obligations. By using the Site you consent to our making such data available, and to the processing of your personal information for this and related purposes (including those set out the paragraphs below).
The PIANOLA service analyses the data about your bridge game performances. You can review detailed personalised statistics about your own performances. You can also view the statistics of other PIANOLA users with their permission, and they can view yours with your permission. The default setting for your Member account hides your historical performance from other users. Users will only be able to view each other’s statistics in PIANOLA if both have made the appropriate changes to their account settings.
You are encouraged to create a user profile on the Site by uploading your contact details and a photograph. Your profile will automatically display information relevant to you, such as your latest points total, your national ranking, and your average score. You can control what information is displayed on your profile by using the Site’s privacy settings.
We may collect and process the following data about you:
Information that is provided by your club or that you provide by filling in forms on the Site. This includes information provided at the time of creating your profile (such as your name, e-mail address, date of birth, standard contact information, player number, member status, how frequently you play, your results, the teams and partners with which you play and compete), posting material, conducting transactions or requesting further services. We may also ask you for information when you report a problem with the Site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of your visits to the Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
The Site uses cookies. You can use your browser settings to block cookies, but your access to the Site is dependent on your use of cookies. If you block cookies, you may not be able to access all or part of the Site. Our cookies enable us to:
estimate our audience size and usage pattern;
recognise Members when they return to the Site;
store Members’ preferences and usage patterns, which allows us to customise the Site and to provide Members with support and other messages that are targeted at their individual needs.
We store all information you provide to us responsibly. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may use information held about you in the following ways:
To ensure that content from the Site (including your and other users’ performance statistics) is presented accurately and in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service when you choose to do so.
To notify you about changes to our service.
To provide (whether at your request or otherwise) technical support, perform maintenance and generally to ensure the integrity of Site data and content.
We will not use your personal data for marketing purposes unless you specifically opt-in to receive such communication from us. You can change your preferences at any time by adjusting your account settings; following the opt-out link in any emails from us; or by contacting us at support@pianola.net. Except as set out in these terms, we will not provide your data to any third parties for marketing purposes or otherwise.
Notwithstanding any other provision of these terms and conditions, we may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we or our host has substantially all of its assets are acquired by a third party, personal data held by us or it about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and other agreements; or to protect the rights, property, or safety of Pianola Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site. Save as is set out in these terms, no licence is granted to you to use any intellectual property in the Site. All intellectual property rights in the Site not expressly granted are reserved.
"PIANOLA" is a trade mark of Pianola Limited. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms confers on you any licence or right under any trade marks, names or logos.
Viruses, hacking and other offences
We make no warranty that the Site (or any other website to which it links) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Site.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site; the server on which the Site is stored; or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service or similar attack.
By breaching these provisions, you may commit a criminal offence under local, national or international law or regulation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
We will not be liable for any loss or damage caused by a denial-of-service or similar 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 Site or to your downloading of any material posted on it, or on any other website linked to them.
Linking to the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not link to any of our pages other than our home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in these terms. You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other website except where the code is provided by us.
Links from the Site
Where the Site contains links to other sites or resources provided by third parties, these links are provided for your information only. If you use these links, you leave the Site. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked from the Site you do so entirely at your own risk.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Waiver
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
Your concerns
If you have any concerns about the Site or the accuracy of any information contained on it, please contact support@pianola.net.
