TERMS
LAST UPDATED: FEBRUARY 16th 2021
Thanks for using Marvin's Daily Mail.
Marvin is the technology written by Nathan Powell that powers Horsetorque Speed Ratings (https://www.horsetorque.net).
This website displays a curated selection of daily tips from the Horsetorque Speed Ratings website.
Please read these Terms carefully. By using Marvin's Daily Mail or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Marvin's Daily Mail (“Marvin's Daily Mail” or the “Service”) is a ratings subscription service offered through the URL https://www.marvinsdailymail.net (we’ll refer to it as the “Website”).
Marvin's Daily Mail is owned and operated by Nathan Powell (“Marvin's Daily Mail,” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
Account
-
Eligibility
In order to use Marvin's Daily Mail, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
By using Marvin's Daily Mail, you represent and warrant that you meet all the requirements listed above, and that you won’t use our Service in a way that violates any laws or regulations. Marvin's Daily Mail may refuse service, close accounts of any users, and change eligibility requirements at any time.
-
Term
The Term begins when you sign up for a Marvin's Daily Mail membership and continues as long as you use the website. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Marvin's Daily Mail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
-
Closing Your Account
You or Marvin's Daily Mail may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse monies paid to date (especially if there is a clear violation of our Acceptable Use Policy or Terms of Service).
Once terminated, we may permanently delete your account and all the data associated with it.
If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and may permanently delete the account and all the data associated with it.
-
Cookies and JavaScript
Put simply, we use cookies to enhance your web experience.
Our Website also makes heavy use of JavaScript technologies. If you have cookies or JavaScript disabled then our Website and Services WILL NOT WORK properly.
We will not offer refunds based on your inability to enable these technologies on your PC or device.
-
Browser Support
Marvin's Daily Mail uses WebAssembly which only runs on modern browsers. We will not support older browsers as support for WebAssembly is limited.
Although we have tested on the most modern browsers, we are not responsible for issues arising from browser incompatibility.
We recommend Google Chrome, Safari or Firefox for an optimal experience on our Website. Mobile users using the latest version of IOS and Android should be supported.
We will not offer refunds based on your inability to install or use a browser that works for you on your PC or device.
-
Technical Support
We do not offer free PC or device technical support of any kind.
Acceptable Use Policy
Our Acceptable Use Policy sets some rules that you have to follow as a Marvin's Daily Mail user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience in providing web based services.
-
Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Marvin's Daily Mail. We may change the Website, the Service, or any features of the Service at any time.
-
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. If we detect multiple concurrent logins to a single account from different physical locations your account may be suspended pending further investigation.
-
Account Disputes
We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.
Payment
-
Membership
These memberships entitle you to access all tips made available by Marvin's Daily Mail. We do not guarantee the amount of tips provided on a daly basis.
Aside from daily access which is single use. These accounts will auto renew unless you visit the membership page and cancel the membership. Once cancelled the membership will expire at the end of term.
-
Other forms of payment
If you do not have a valid Credit or Debt card all is not lost. We can do Direct Deposit. Please send an email to support@marvinsdailymail.net and we will send you back our account details with further instructions.
Sorry, we don’t accept T-shirts, beer, thongs or other forms of payment at this time.
-
Refunds
All purchases and subscription payments are non refundable.
Event cancellations or postponement are out of our control and we do not offer refunds or credit if all racing is cancelled or postponed.
We provide you with self management tools to cancel your subscription at anytime. Please be aware of this because we will no longer issue subscription refunds for failure to self manage your subscription.
-
Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Rights
-
Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Marvin's Daily Mail (proprietary rights include patents, trademarks, service marks, and copyrights and terminology). You may only use our brand assets with written permission by us.
-
Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
Rules and Abuse
-
General Rules
You promise to follow these rules:
- You won’t use your account for commercial purposes. If you want to enquire about a commercial account please contact support@marvinsdailymail.net
-
As a non-commercial account holder you won’t take markets and content available to you as a paid or non paid member and disseminate that information to a third party for financial gain, or to circumvent our membership process.
In other words if your mates down the pub are too tight to purchase a paid account, but want you to tell them our exclusive markets and tips, you will kindly advise them to stop being freeloaders and purchase their own accounts.
If you violate any of these rules, then we may suspend or terminate your account.
-
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
-
No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
-
Indemnity
You agree to indemnify and hold us and our Team harmless from any losses (including legal fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms. You also indemnify us from any accidental loss of data stored as part of our Website or Service.
-
Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
Fine Print
-
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
-
Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, illness, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
-
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Limitation of Liability, No Warranties, Indemnity, Severability, and Entire Agreement.
-
Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
-
Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
-
No Changes in Terms at Request of Member
We can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
-
Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
-
Entire Agreement
These Terms, our Privacy Policy, Acceptable Use Policy, (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.