Terms of Use
Description of Company Services and Acceptance of Terms of Use
Welcome to foxsportsafrica.com,
which is operated by Setanta Sports
Africa Limited, whose registered office is at Broadcasting House, 3A Princes Street, Dublin2, Ireland (“Company” or “we”). The services
Company provides on foxsportsafrica
include any FOX-branded URL
(the "FOX Website"), video services, mobile services, and any other
features, content, or applications offered from time to time by FOX in
connection with FOX’s business (collectively, the "Company
Services").
Company furnishes foxsportsafrica.com and the Company Services for your
personal enjoyment and entertainment. By visiting foxsportsafrica.com (whether
or not you are a registered member) or using the Company Services, you accept
and agree to be bound by this Agreement, including any future modifications
("Agreement"), and to abide by all applicable laws, rules and
regulations (“Applicable Law”). Please read through this Agreement carefully. Company
may modify this Agreement at any time, and each such modification will be
effective upon posting on foxsportsafrica.com. All material modifications will
apply prospectively only. Your continued use of the foxsportsafrica.com or the
Company Services following any such modification constitutes your acceptance
and agreement to be bound by the Agreement as so modified. It is therefore
important that you review this Agreement regularly. If you do not agree to be
bound by this Agreement and to abide by all Applicable Law, you must
discontinue use of the Site and the Company Services immediately.
You may receive a copy of this Agreement by emailing us at: FoxSportsAfrica@fox.com
, Subject: Terms of Use Agreement. Your access to and use of certain Company
Services may require you to accept additional terms and conditions applicable
to such Company Services, in addition to this Agreement, and may require you to
download Software or Content (each as defined below).
Eligibility for foxsportsafrica.com Registration and Account Security
Use of the Company Services is limited to users aged 13 years and above. All
registration information you submit to create an account must be accurate and
must be kept updated. You are responsible for maintaining the confidentiality
of your password and are responsible for all use of your account. It is
therefore critical that you do not share your password with anyone. You agree
not to use the account, username, email address or password of another member
or subscriber at any time. You agree to notify Company immediately if you
suspect any unauthorized use of, or access to, your account or password.
Termination
This Agreement remains in full
force and effect while you use the Company Services. You may terminate your subscription
to the Company Services at any time, for any reason, by following the
unsubscribe button on the homepage or by following the unsubscribe instructions
in the newsletter. Company may terminate your access to the Company Services at
any time, for any or no reason, with or without prior notice or explanation,
and without liability. Furthermore, even after your access to the Company
Services is terminated, this Agreement will remain in effect. You agree that
your account is non-transferable and any rights to your account terminate upon
your death.
Fees
You acknowledge that Company reserves the right to charge subscription fees for
any portion of the Company Services. The Company will provide you with advance
notice of any such fees, including any change in the amount of such fees, and a
way to cancel your subscription in the event you do not wish to pay the
modified fee. If you continue to use the Company Services after the
subscription fee has been increased, you are expressly agreeing to the increased
subscription fee and you will be responsible for paying such subscription fee
for the balance of your subscription. If Company suspends or terminates your
access to the Company Services because you have breached the Agreement or
violated Applicable Law, you will not be entitled to a refund of any unused
portion of such fees or other payments.
Purchasing foxsportsafrica.com Services or Products
If you purchase any service or product on foxsportsafrica.com, (“Site
Product”), you may be required to provide personal information, including
credit card and billing information ("Personal Financial Information”), to
an independent third party company (or companies) selected by, but not
affiliated with, Company (the “Processor”). Where the Processor is responsible
for collecting, transmitting and/or processing your Personal Financial
Information and, in some instances, for fulfilling your order, all payment
obligations for Site Products shall be governed by the terms of use/service and
privacy policy(ies) of the Processor. If you make a purchase from foxsportsafrica.com
you are warranting that you are authorized to make the purchase using the form
of payment card that you provide to the Processor. You must be 18 years of age
or older to purchase a Site Product.
Company makes no warranty, and accepts no liability for any loss or damages
whatsoever, relating to or in connection with your placement of an order for a
Site Product with the Processor. In such cases the Processor remains liable for
all such orders. You are solely responsible for any and all transactions
utilizing your Personal Financial Information, including, but not limited to,
any and all charges. You acknowledge and agree that in the event Processor
experiences a data breach that affects your Personal Financial Information,
Company will in no way be responsible or liable to you for any such breach.
The Company will not store any record of Personal Financial Information related
to purchases or other transactions you make through the Company Services. You
should therefore maintain records of all your transactions. If you have any
questions regarding your transactions or believe that there is an error or
unauthorized transaction or activity associated with transactions utilizing
your Personal Financial Information, you must contact the Processor. Please see
our Privacy Policy for further details about how your information is processed.
Company Content
The Company Services contain information, text, files, images, images, video,
sounds, musical works, works of authorship, applications, and any other
materials or content (collectively, “Content”) of Company ("Company
Content"). Company Content is protected by copyright, trademark, patent,
trade secret and other laws, and as between you and Company, Company owns and
retains all rights in the Company Content and the Company Services. Company
hereby grants you a limited, revocable, nonsublicensable licence to access and
display the Company Content (excluding any software code) solely for your
personal, non-commercial use in connection with viewing the Site and using the
Company Services. The Company Services may also contain Content of users and
other Company licensors. Except as provided in this Agreement or as explicitly
allowed on the Company Services, you may not copy, download, stream capture,
reproduce, duplicate, archive, upload, modify, translate, publish, broadcast,
transmit, retransmit, distribute, perform, display, sell or otherwise use any
Content appearing on or through the Company Services.
Except as explicitly and expressly permitted by the Company, you are strictly
prohibited from creating works or materials (including but not limited to
fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards,
montages, mash-ups and similar videos, greeting cards and unlicensed
merchandise) that derive from or are based on the Company Content. This
prohibition applies regardless of whether the derivative works or materials are
sold, bartered or given away. You may not either directly or through the use of
any device, software, internet site, web-based service or other means remove,
later, bypass, avoid interfere with, or circumvent any copyright, trademark, or
other proprietary notices marked on the Content or any digital rights
management mechanism, device, or other content protection or access control
measure associated with the Content including geo-filtering mechanisms.
Your Use of Company Services
The Company Services are offered for your personal use only and may not be used
for commercial purposes. Company reserves the right to remove commercial
content in its sole discretion. You understand that you are responsible for all
Content that you post, upload, transmit, email or otherwise make available on,
through or in connection with the Company Services (collectively, “User
Content”). Accordingly, please choose carefully the information that you post
on, through or in connection with the Company Services. You understand that
Company does not control the User Content posted by users via the Company
Services and, as such, you understand you may be exposed to offensive,
indecent, inaccurate or otherwise objectionable Content. Company assumes no
responsibility or liability for this type of Content. If you become aware of
misuse of the Company Services, please report this immediately to the Company
by visiting www. foxsportsafrica.com/contact. The Company assumes no
responsibility for monitoring the Company Services for inappropriate Content or
conduct. If at any time, the Company chooses in its sole discretion to monitor
the Company Services, the Company nonetheless assumes no responsibility for
Content other than Company Content, assumes no obligation to modify or remove
any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the Company Services to:
• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
• Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
• Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company £30 for each actual or intended recipient of such communication;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Post, upload or otherwise transmit an image or video of another person without that person’s consent;
• Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company’s prior written consent;
• Use the Company Services to advertise or promote competing services;
• Use the Company Services in a manner inconsistent with any and all Applicable Law;
• Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the right, but disclaims any
obligation or responsibility, to remove User Content that violates this
Agreement, as determined by Company in its sole discretion. You acknowledge the
Company reserves the right to investigate and take appropriate legal action
against anyone who, in Company’s sole discretion, violates this Agreement,
including but not limited to, terminating their user account and/or reporting
such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or
disclose information you provide to FXUK.com, including User Content, when
Company has a good faith belief that such access, preservation or disclosure is
necessary in order to: (i) protect or defend the legal rights or property of
Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or
their employees, agents and contractors (including enforcement of our
agreements); (ii) protect the safety and security of Users of the Company
Services or members of the public including acting in urgent circumstances;
(iii) protect against fraud or for risk management purposes; or (iv) comply
with the law or legal process. Please see our Privacy Policy for further details
about how we use your data.
Prize Competitions
You will abide by the specific rules of any competition or promotion that you
participate in on or via the Site. Unless we tell you otherwise, all prize
draws and competitions offered via the Site are not open to people resident
outside the United Kingdom.
Your Proprietary Rights
Company does not claim any ownership rights in the User Content that you post,
upload, email transmit, or otherwise make available on, through or in
connection with the Company Services; provided, however, that User Content
shall not include any Content posted by a user that is already owned by Company
or any Affiliated Company. By posting any User Content on, through or in
connection with the Company Services, you hereby grant to Company and our
Affiliated Companies, licensees and authorized users, a perpetual,
non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in
whole or in part), worldwide license to use, modify, excerpt, adapt, create
derivative works and compilations based upon, publicly perform, publicly
display, reproduce, and distribute such User Content on, through or in
connection with the Company Services or in connection with any distribution or
syndication thereof to Third Party Services (as defined below), on and through
all media formats now known or hereafter devised, for any and all purposes
including, but not limited to, promotional, marketing, trade or commercial
purposes. Company‘s use of such User Content shall not require any further notice
to you and such use shall be without the requirement of any permission from or
payment to you or to any other person or entity. Company reserves the right to
limit the storage capacity of User Content that you post on, through or in
connection with the Company Services.
You represent and warrant that: (i) you own the User Content posted by you on,
through or in connection with the Company Services, or otherwise have the right
to grant the licence set forth in this Section, and (ii) the posting of User
Content by you on, through or in connection with the Company Services and any
Third Party Services (as defined below) does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person
or entity. You agree to pay for all royalties, fees, and any other monies owing
any person or entity by reason of the use of any User Content posted by you on
or through the Company Services or Third Party Services.
Copyrights and Other Intellectual Property
Company respects the intellectual property of others, and requires that our
users do the same. You may not upload, embed, post, email, transmit or
otherwise make available any material that infringes any copyright, patent,
trademark, trade secret or other proprietary rights of any person or entity.
Company has a policy of terminating repeat infringers’ access to the Company
Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site
infringes your copyright please send Company's Copyright Agent (see below)
notification of claimed infringement with all of the following information: (a)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the claimed infringing
material and information reasonably sufficient to permit us to locate the
material on the Company Services (such as the URL(s) of the claimed infringing
material); (c) information reasonably sufficient to permit us to contact you,
such as an address, telephone number, and, if available, an email address; (d)
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; (e) a statement
by you that the above information in your notification is accurate and a
statement by you that you are the owner of an exclusive right that is allegedly
infringed or are authorized to act on the owner's behalf; and (f) your physical
or electronic signature. Company's Copyright Agent for notification of claimed
infringement can be reached as follows: By post addressed to Legal Team, FOX
International Channels UK, 10 Hammersmith Grove, London W6 7AP, United Kingdom
or by email at FoxSportsAfrica@fox.com .
Third Party Links and Services
The Company Services may provide, or third parties may provide, links to other
websites, applications, resources or other services created by third parties
(“Third Party Services”). When you engage with a Third Party Service, you are
interacting with the third party, not with Company. If you choose to use a
Third Party Service and share information with it, the Third Party Services may
use and share your data in accordance with the Third Party Service’s privacy
policy and your privacy settings on such Third Party Service. You should read
this privacy policy carefully before using a Third Party Service. In addition,
the third party providing the Third Party Service may use other parties to
provide portions of the application or service to you, such as technology,
development or payment services. Company is not responsible for and makes no
warranties, express or implied, as to the Third Party Services or the providers
of such Third Party Services (including, but not limited to, the accuracy or
completeness of the information provided by such Third Party Service or the
privacy practices thereof). Inclusion of any Third Party Service or a link
thereto on the Company Services does not imply approval or endorsement of the
Third Party Service. Company is not responsible for the content or practices of
any websites other than foxsportsafrica.com, even if the website links to foxsportsafrica.com and
even if it is operated by an Affiliated Company or a company otherwise
connected with foxsportsafrica.com. By using the Company Services, you
acknowledge and agree that Company is not responsible or liable to you for any
content or other materials hosted and served from any website other than foxsportsafrica.com.
When you access Third Party Services, you do so at your own risk. Company
encourages you not to provide any personally identifiable information to any
Third Party Service unless you know and are comfortable with the party with
whom you are interacting.
If you are interested in creating hypertext links to foxsportsafrica.com, you
must contact Company at FoxSportsAfrica@fox.com before doing so. In
establishing hypertext links, you must not represent in any way, expressly or
by implication, that you have received the endorsement, sponsorship or support
of foxsportsafrica.com or Company, including its respective employees, agents,
directors, officers or shareholders.
Member Disputes
You are solely responsible for your interactions with other Company users,
providers of Third Party Services or any other parties with whom you interact
on, through or in connection with the Company Services. Company reserves the
right, but has no obligation, to become involved in any way with these
disputes.
Privacy and Cookie Policy
Use of the Company Services is also governed by our Privacy Policy and our
Cookie Policy, which is incorporated into this Agreement by this
reference.
Disclaimers
The Company Services are provided "AS-IS" and “as available” and
Company does not guarantee or promise any specific results from use of the
Company Services. Company expressly disclaims any warranties and conditions of
any kind, whether express or implied, including but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. In particular, Company makes no warranty that your use of the
Company Services will be uninterrupted, timely, secure or error-free or that
any information obtained by you on, through or in connection with the Company
Services or Third Party Services (including but not limited to, through User
Content or third party advertisements) will be accurate or reliable. Under no
circumstances will Company be responsible for any loss or damage, including but
not limited to, property damage, personal injury or death, resulting from use
of the Company Services, problems or technical malfunction in connection with
use of the Company Services, attendance at a Company event, any material
downloaded or otherwise obtained in connection with the Company Services, any
User Content, third party advertisement or Third Party Service posted on,
through or in connection with the Company Services, or the conduct of any users
of the Company Services, whether online or offline. Your use of User Content,
third party advertisements, Third Party Services and the goods or services
provided by any third parties is solely your responsibility and at your own
risk. User Content, third party advertisements and Third Party Services do not
necessarily reflect the opinions or policies of Company.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFIT DAMAGES (DIRECT OR INDIRECT) ARISING FROM YOUR
USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF
THE COMPANY SERVICES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY
LIMIT COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE
OR FOR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR
LIMITED BY LAW.
Disputes
The Agreement will be governed by, and construed in accordance with, the laws
of the England, without regard to its conflict of law provisions. You and
Company agree to submit to the exclusive jurisdiction of the Courts of England
and Wales to resolve any dispute arising out of the Agreement or the Company
Services.
Indemnity
You agree to indemnify and hold Company, its Affiliated Companies,
subcontractors and other partners, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including, but not limited to, reasonable attorneys' fees, made by any third
party due to or arising out of your use of FXUK.com or the Company Services,
your breach of this Agreement, your violation of any rights of another or any
Content that you post or otherwise submit on, through or in connection with the
Company Services.
Unsolicited Submissions
Company does not knowingly accept, via the Company Services or otherwise,
unsolicited submissions including, without limitation, submissions of blog
ideas, articles, scripts, story lines, fan fiction, characters, drawings,
information, suggestions, proposals, ideas or concepts. Company's policy is to
simply delete any such submission without reading it or forwarding it to other
Company staff or staff of its Affiliated Companies. Therefore, any similarity
between an unsolicited submission and any elements in any Company or Affiliated
Company creative work including, without limitation, a film, series, story,
title or concept would be purely coincidental. If unsolicited submissions are
sent to Company via the Company Services (including but not limited to any
public forum), however, such submissions and copyright may be used, copied,
sublicensed, adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as Company sees fit (see also "Your Proprietary
Rights" above). You agree that you are not entitled to any compensation,
credit or notice whatsoever and that by sending an unsolicited submission you
waive the right to make any claim against Company or Affiliated Company
relating to unsolicited submissions, including, without limitation, unfair
competition, breach of implied contract or breach of confidentiality.
Employment Opportunities
Company may, from time to time, post Company employment opportunities on the
Company Services and/or invite users to submit resumes to it. If you choose to
submit your name, contact information, resume and/or other personal information
to Company in response to employment listings, you are authorizing Company to
utilize this information for all lawful and legitimate hiring and employment
purposes. Company also reserves the right, at its sole discretion, to forward
the information you submit to its Affiliated Companies for legitimate business
purposes. Nothing in this Agreement or contained in the Company Services will
constitute a promise by Company to contact, interview, hire or employ any
individual who submits information to it, nor will anything in this Agreement
or contained in the Company Services constitute a promise that Company will
review any or all of the information submitted to it by users of the Company
Services.
Other
The failure of Company to exercise or enforce any right or provision of this
Agreement will not operate as a waiver of such right or provision. The Section
titles in this Agreement are for convenience only and have no legal or
contractual effect. Company is a trademark of FOX International Channels (UK)
Limited. This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at: FoxSportsAfrica@fox.com with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE