Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
WHAT IS IN THESE TERMS?
1.1 These Website Terms detail the rules for using www.sportystuff.tv (“our site”).
2 WHO WE ARE AND HOW TO CONTACT US
2.1 Our site is operated by SportyStuff TV Limited ("We"). We are registered in England and Wales under company number 07572543 and have our registered office at The Old Rectory, Church Street, Weybridge, Surrey KT13 8DE.
2.2 To contact us, please email email@example.com.
3 BY USING OUR SITE YOU ACCEPT THESE TERMS
3.2 If you do not agree to these terms, you must not use our site.
3.3 We recommend that you print a copy of these terms for future reference.
4 CHANGES TO THESE TERMS OR OUR SITE
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
4.2 Our site is currently made available free of charge. You are responsible for all telephone and connectivity charges necessary to access and use our site, including, for the avoidance of doubt, the Interactive Services (defined at 9.1 below) which are made available.
4.3 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may amend, suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
5.1 We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
6.1 If asked to complete a registration form to access certain areas of our site, the personal details your provide must be true, accurate and complete.
7 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
8 HOW YOU MAY USE OUR SITE
8.1 Our site is for personal and non-commercial use only. You must not use any part of the content on our site for commercial purposes.
8.2 We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal non-commercial use only. You may not publicly display or broadcast material which is displayed on our site.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.7 You may use our site only for lawful purposes.
8.8 You may not use our site:
8.8.1 In any way that breaches any applicable local, national or international law or regulation.
8.8.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
8.8.3 For the purpose of harming or attempting to harm minors in any way.
8.8.4 To bully, insult, intimidate or humiliate any person.
8.8.5 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our ‘Content standards’ (see section 10 below).
8.8.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.8.7 To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.8.8 To collect or store other users’ personal data.
8.9 You also agree:
8.9.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
8.9.2 Not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
8.10 SportyStuff TV is a UK registered trade mark of SportyStuff TV Limited. You are not permitted to use it without our approval.
9 INTERACTIVE SERVICES
9.1 We may from time to time provide interactive services on our site, including, without limitation chat rooms, forums and/or other means by which communications may be made available and/or disseminated publically, including without limitation, editorial information, filmed pictures, photography, competitions and/or prize draws (together the “Interactive Services”).
9.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data, where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without us as a party and we cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
9.3 We are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our Content Standards, whether the Interactive Services are moderated or not.
10 CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute to our site (a “Contribution”), and to any interactive services associated with it.
10.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
10.3 SportyStuff TV Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.
10.4 A Contribution must:
10.4.1 be accurate (where it states facts);
10.4.2 be genuinely held (where it states opinions); and
10.4.3 comply with the law applicable in England and Wales and in any country from which it is posted.
10.5 A Contribution must not:
10.5.1 be defamatory of any person;
10.5.2 be obscene, offensive, hateful or inflammatory;
10.5.3 bully, insult, intimidate or humiliate;
10.5.4 promote sexually explicit material;
10.5.5 include child sexual abuse material;
10.5.6 promote violence;
10.5.7 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.5.8 infringe any copyright, database right or trade mark of any other person;
10.5.9 be likely to deceive any person;
10.5.10 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
10.5.11 promote any illegal content or activity;
10.5.12 be in contempt of court;
10.5.13 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
10.5.14 be likely to harass, upset, embarrass, alarm or annoy any other person;
10.5.15 impersonate any person or misrepresent your identity or affiliation with any person;
10.5.16 give the impression that the Contribution emanates from SportyStuff TV Limited if this is not the case;
10.5.17 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
10.5.18 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and
10.5.19 contain any advertising or promote any services or web links to other sites.
11 DO NOT RELY ON INFORMATION ON THIS SITE
11.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
11.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date and we and our licensees accept no responsibility for any use of the material and exclude any liability in respect of any loss suffered from use of such information.
12 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
12.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
12.2 We have no control over the contents of those sites or resources.
13 USER-GENERATED CONTENT IS NOT APPROVED BY US
13.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
14 HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
14.1 If you wish to complain about content uploaded by other users, please contact us on email@example.com.
15 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.2 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 Save as set out in clause 15.1 above, our maximum liability to you under these Terms is limited to £1,000.
16 UPLOADING CONTENT TO OUR SITE
16.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in section 10.
16.2 You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the section 17 ‘Rights you are giving us to use material you upload’ (below).
16.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in section 10.
16.6 You are solely responsible for securing and backing up your content.
16.7 We do not store terrorist content.
17 RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
17.1 When you upload or post content to our site, you grant us the following rights to use that content:
17.1.1 a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with: (i) the service provided by our website and across different media including to promote our site; and (ii) in connection with any programme produced by or on behalf of SportyStuff TV Limited; and
17.1.2 a worldwide, non-exclusive, royalty-free, perpetual, transferable licence for partners or advertisers to use the content for their purposes.
18 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
18.1 We do not guarantee that our site will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
18.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
19 RULES ABOUT LINKING TO OUR SITE
19.1 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.
19.2 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.
19.3 You must not establish a link to our site in any website that is not owned by you.
19.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
19.5 We reserve the right to withdraw linking permission without notice.
19.6 The website in which you are linking must comply in all respects with the content standards set out in section 10.
19.7 If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
20 HOW WE MAY USE YOUR PERSONAL INFORMATION
21 BREACH OF THESE TERMS
21.1 When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
21.2 Failure to comply with these terms constitutes a breach of these terms and may result in our taking all or any of the following actions:
21.2.1 immediate, temporary or permanent withdrawal of your right to use our site;
21.2.2 immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
21.2.3 issue of a warning to you;
21.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
21.2.5 further legal action against you; and
21.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
21.3 We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
22 WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
22.2 The courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and a resident of: Northern Ireland then you may also bring proceedings in Northern Ireland; or of Scotland then you may also bring proceedings in Scotland.