General
This agreement ("Agreement") describes the terms and conditions applicable to your use of the video services on the web sites available under the domain www.Euroleague.tv, property of Euroleague Properties N.V. (hereinafter referred to as “EPNV”). If you do not or can not agree with any part of the following terms and conditions, you may not use the Site or any of the services provided on the Site. "We," "us," and "our" refer to Infront AMS. "You" and "your" refers to the user or viewer of the Site.
You can access the games from any country with the following exceptions:
- Zalgiris and Lietuvos Rytas (live and on-demand videos) are not available in Lithuania.
- Maccabi Electra matches (live and on-demand videos) are not available in Israel.
- Live and on-demand of matches selected by the television licensee Canal+ are not available in France (two games per week).
- Live and on-demand of matches selected by the television licensee ESPN are not available in these territories: Latin America (Mexico, South America, Central America, the Caribbean, Bermuda, the Bahamas and Ascension Island), Oceania (Australia, New Zealand and Pacific Islands) and Cruise Ships. Africa (including Cape Verde, the Comoros, Madagascar, Mauritius, and the Seychelles), Israel, US, Canada and Japan (one game per week).
1. Content Ownership
Unless otherwise noted on the Site, all media available at the Site, including without limitation all information, audio, video, data, online services, games, text, animation and graphics ("Content") is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights of Euroleague Properties N.V.. EPNV expressly reserves all intellectual property rights in all Content accessible through the Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your registration for the service, your use of the Site or your payment to Infront AMS, EPNV or any third party in exchange for the ability to access any particular Content.
2. Permissible Use
Infront AMS maintains the Site for your personal entertainment and enjoyment, and all use of the Site is for private, noncommercial viewing and use only. Through the Site, EPNV and Infront AMS make their Content available to the users, including you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content on a title-by-title basis (e.g., time and geographic restrictions). EPNV and Infront AMS grant you a non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, private, non-commercial purposes in accordance with these Terms and Conditions of Use, provided that you maintain all copyright, trademark and other proprietary notices contained therein. If you violate any of the Terms and Conditions of Use, your permission to access and use the Site automatically terminates. You may not: access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any of the Content available through the Site, except as you are expressly authorized to do so by EPNV; use the Site or Content so as to violate any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions; use the Site in connection with any effort by you to defeat any copyright management information or any technological measures that control access to a copyrighted work; access data not intended for you or log onto a server or an account that you are not authorized to access; interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site or its users, overloading, "flooding," "spamming," "mail bombing" or "crashing;" 'mirror' or frame any content contained on or through this Site by any means; remove, decompile, disassemble or reverse engineer any Site software; use any robot, spider, other automatic device or process to monitor or copy any portion of this Site or any Content; probe, scan or test the vulnerability of the Site or to breach security or authentication measures; use the Site for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services;
3. Submissions to EPNV and Infront AMS
All remarks, suggestions, ideas or other information communicated by you to EPNV and Infront AMS will become the property of EPNV and Infront AMS. EPNV and Infront AMS will not be required to treat any such submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the submission. EPNV and/or Infront AMS shall not be liable for the use of any ideas submitted by you or for any similarities that may appear in their future products, services, advertising or operations. Without limitation, EPNV and Infront AMS will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. EPNV and Infront AMS will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person who contributed to the submission. You acknowledge that you are responsible for whatever material you submit, and you, not EPNV nor Infront AMS, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
4. Complaints and Investigations
In order to ensure that EPNV and Infront AMS provides a high-quality and law-abiding service, EPNV and Infront AMS reserve the right to access your account and information to investigate complaints or allegations of abuse against you. EPNV and Infront AMS do not have an obligation to inform you of any complaints against you or the commencement or results of any investigation. EPNV and Infront AMS have no obligation to investigate any complaint made by you or against you. EPNV and Infront AMS reserve the right, but have no obligation, to take any action they deem appropriate following an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any relevant information, including without limitation your contact information, usage history, posted materials, IP addresses and traffic information. In the event you believe your copyrighted Content is being infringed through the Site, you agree to provide Infront AMS and EPNV with notice of such infringement. More specifically, you agree that you will provide Infront AMS's Copyright Agent Giuseppe Ciocchetti the written information provided below. The contact address is Giuseppe Ciocchetti, Infront AMS, Via Deruta 20, 20132 Milano, Italia and to EUROLEAGUE PROPERTIES SA, 72 Grand- rue, L-1660 LUXEMBOURG. You acknowledge this procedure is exclusively for notifying EPNV and Infront AMS that you believe your copyrighted material has been infringed. The notification has to provide details on the following matters: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
5. Service Restrictions
EPNV and Infront AMS reserve the right to refuse service, including registration, subscription or any transactions, to anyone for any reason or no reason. You agree that EPNV and/or Infront AMS, in its sole discretion and without advance notice to you, may terminate, suspend or otherwise place restrictions on your account, password or use of the Site, for any reason or no reason. You agree that EPNV and Infront AMS will not be liable to you or any third party for any refusal of service, suspension, termination or other restriction of your access to or use of the Site or any third party's access to or use of the Site.
6. Modification or Interruption of Service
EPNV and Infront AMS reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without advance notice to you. You agree that EPNV and Infront AMS will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site, regardless of reason or duration.
7. Links to Third Party Sites
Inclusion of links from the Site to any third party website does not imply EPNV and Infront AMS’s approval or endorsement of the linked website. If you decide to leave the Site and access the third-party sites, you do so at your own risk. EPNV and Infront AMS are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that EPNV and/or Infront AMS will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.
You further understand and acknowledge that in some cases, it may be necessary or desirable to use third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features or functions available through the Website and/or the services. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in connection with the functions and features of the Websites and the Services and you may or may not be notified of the same. Your use of Third Party Services may be subject to terms of use other than these Terms of Use and as may be set forth by third party providers, as applicable. Further, Third Party Materials may appear to be sourced either through a Website or through a third party website. In any event, you agree and acknowledge that EPNV and/or Infront AMS assume no liability with respect to your use of such Third Party Materials whether you are aware of their use or not.
8. Private Information
In order to use some of the services, you may be required to register with Infront AMS by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or EPNV and/or Infront AMS have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, EPNV and/or Infront AMS have the right to suspend or terminate your password and refuse any and all current or future use of the services.. EPNV and Infront AMS reserve the right, and you authorize them, to use and assign all information about you in any manner consistent with the applicable Swiss data protection legislation. You will receive a password upon completing the registration process for use of the specific services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that EPNV and/or Infront AMS have no responsibility or liability for any loss or damage arising from your failure to comply with this Clause.
9. LINKING TO THE WEBSITE AND EMBEDDING CONTENT
a. No link to any of the Website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Websites must be to the applicable Website's home page.
b. Certain Services may provide you with the ability to embed Content into other web pages, such as features that enable you to embed Euroleague video into your blog, fan site or other web page. All use of embedded Content must be for non-commercial purposes only, and may be disabled by the EPNV at any time. Prohibited commercial uses include any of the following actions taken without the express approval of EPNV:
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1.selling access to embedded Content on another website;
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2.using embedded Content for the primary purpose of gaining advertising or subscription revenue;
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3.creating a website that does nothing more than aggregate a collection of embedded Content and intentionally trying to generate ad revenue from them;
- 4.using embedded Content that the EPNV find, in their sole discretion, to use Euroleague resources with the effect of competing with or displacing the market for Content.
Prohibited commercial uses do not include using embedded Content to show Euroleague videos on an ad-enabled blog or fan website, provided the embedded Content is not used to gain advertising revenue or compete with the Websites or EPNV
10. Pricing
Suscriptions shall last until the end of each sports season, being June 30th. Prices and terms of sale for registration, subscription and Content transactions will be those in effect on the date on which you submit sufficient information to complete your order (e.g., valid credit card information or submission of a completed online order form). Infront AMS will charge your credit card as soon as is practicable for Infront AMS. Infront AMS shall not be liable in any way with respect to the timing of any charges to your credit card. Infront AMS reserves the right to change prices at any time, and Infront AMS is not responsible for any sudden price changes.
11. All Transactions Final
Unless otherwise noted, all paid transactions are final. Once you have accessed any particular Content, whether by downloading, streaming or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the specific terms attached to that Content by its owner (e.g., time remaining under license). EPNV and Infront AMS shall have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any particular Content (e.g., potentially offensive material or an error by you as to which title you intended to license), the quality of the Content (e.g., the quality of video or audio), the terms attached to the Content by its owner (e.g., the duration of your license), the delivery of the Content to you (e.g., the speed of your connection to the server) or any other matters outside EPNV and/or Infront AMS control. In the event EPNV and/or Infront AMS are unable to deliver a scheduled event for which you have already paid, EPNV and Infront AMS reserves the right to provide you with a refund or credit, in its sole discretion. You will not be entitled to any refund or credit if you cancel your order prior to the scheduled event, simply fail to view a scheduled event or are unable to receive a scheduled event because of a problem with your computer, your network connection, any intervening network connections or some other reason not attributable to EPNV and/or Infront AMS.
12. Children
EPNV and Infront AMS do not sell products or services for purchase by children. In order to register for the service, you must be at least 18 years of age. No information may be submitted to us by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law.
13. Indemnification
You agree to indemnify, defend and hold EPNV and Infront AMS, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this agreement or use of the Site.
14. No Warranty
The site and all content is provided to you on an “as-is” basis, and no warranties, express or implied are made by EPNV and/ or Infront AMS, its distribution parteners or content providers and/or their partners agents, distributors and promoters regarding the site service content or your use or viewing thereof, incliding without limitation, warranties as to the avialbility, accuracy, video or audio quality and warranties of merchantability, fitness for a particular purpose, and non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
15. Limitation of Liability
NEITHER EPNV, NOR INFRONT AMS OR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THE AFOREMENTIONED ENTITIES), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPNV AND/OR INFRONT AMS THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE, CUMULATIVE LIABILITY OF EPNV AND INFRONT AMS, ITS DISTRIBUTION PARTNERS AND CONTENT PROVIDERS AND THEIR DISTRIBUTORS, PRMOTERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO EPNV AND/OR INFRONT AMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE UNABLE FOREVER BARRED. NEITHER EPNV NOR INFRONT AMS OR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED HEREIN DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY OTHER EVENT BEYOND THE CONTROL OF EPNV, INFRONT AMS OR THE AFOREMENTIONED ENTITIES. NEITHER EPNV, INFRONT AMS NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING THE SITE OR CONTENT.
16. Changes to the Terms of Use
EPNV and Infront AMS reserve the right to modify these Terms of Use at its sole discretion and without advance notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions of Use as modified. Any modifications to the Terms and Conditions of Use shall become effective immediately upon their posting on the Site. These Terms of Use may not be otherwise amended except in a writing signed by you, EPNV and Infront AMS. If you do not or cannot agree to the Terms of Use at any time, your only option is to cease all use of and access to the Site.
17. Governing Law
This agreement will be governed by the laws of Switzerland. You agree that any dispute arising out of this agreement or your use of the Site will be heard only in the ordinary courts located in Zug in Switzerland, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this agreement by you could result in irreparable harm to EPNV and Infront AMS and, accordingly that EPNV and Infront AMS shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach. Neither EPNV, nor Infront AMS, or its distribution partners or content providers or their distributors, partners, agents or promoters make any representation that this website is appropriate or available for use in locations outside of Switzerland, and accessing it from territories where the Site or Content is illegal or prohibited. If you use this Site from any location outside Switzerland, you are responsible for compliance with all applicable local laws."
18. General
EPNV and Infront AMS do not guarantee continuous, uninterrupted or secure access to service, and operation of the Site may be interfered with by numerous factors outside their control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that EPNV and Infront AMS have the right to assign this agreement and all incorporated agreements in their sole discretion. Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. EPNV and Infront AMS’s failure to act with respect to a breach by you or others does not waive their right to act with respect to subsequent or similar breaches.
Friday, October 05, 2009
Euroleague.net