Terms & Conditions
TERMS AND CONDITIONS RELATING TO OUR RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY, they set out the only terms and conditions of our relationship; and these Terms will prevail over all other terms and conditions regardless of whether or not such terms and conditions are supplied by you after these Terms.
- IN THESE TERMS:
you or your means you.
we, us or our means VR Media. VR Media is a trading name of VR Sport Media Ltd, a company incorporated under the laws of England (number 9712049) of 26 Bell Street, Sawbridgeworth, CM21 9AN, UK.
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, designs, database rights, confidential information (including know-how and trade secrets), and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future throughout the World.
Agreement means the agreement between you and us as defined in clause 2.
Website means the website with the URL www.vrsport.tv (or such other URL as we may specify from time to time).
You and VR agree that all dealings between you and us are governed and will be subject to this Agreement; VR provides its service to you and you engage with VR on the following terms and conditions (“TOS”), which may be updated by us from time to time without notice.
VR provides users with access to a collection of forums, videos, photographs. Images, articles, content and resources, including social and interactive media content through its Website and system, we also provide a platform to enable you to upload content, comment and images for general access and interaction (Service). You understand and agree that the Service may include advertisements and that these advertisements are necessary to enable us to provide the Service. You also understand and agree that the service may include certain communications from us or third parties, such as service announcements, promotions, and administrative messages, and that these communications are considered part of Service use. You understand and agree that the Service is provided on an “as-is” basis and that we assume no responsibility or liability for the content, comments, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or otherwise.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may in our absolute discretion suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- ACCOUNT, PASSWORD & SECURITY
Responsibility for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account is solely yours and you will indemnify us in respect of any failure and resulting damage, costs and loss (direct, indirect and consequential).
6.1 You accept that all information, data, text, or other materials (“Content”), whether publicly posted or privately transmitted by you, is your sole responsibility. You also acknowledge that all Content of any other person is the sole responsibility of the person who provided the Content. This means that you and the other persons, and not VR, are entirely responsible for all Content that you and they upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. VR is not liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind arising as a result of Content posted, emailed, transmitted or otherwise made available via the Service.
6.2 You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is or may: (i) be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(b) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or material not originated by you, or the rights in which are not owned by you;
(c) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, Intellectual Property or other proprietary rights (“Rights”) of any party;
(d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, copy or imitate the functionality or any software or content of any computer, telecommunications, broadcast or personal digital assistant, or equipment;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) intentionally or unintentionally violate any applicable local, state, national or international law;
(h) “stalk” or otherwise harass another; or collect or store personal data about other users.
6.3 You acknowledge that VR does not pre-screen Content, but that VR and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move and/or remove any Content that is available via the Service, including but not limited to, VR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
6.4 You agree that you will evaluate, and bear all risks associated with, the use, upload, post, email, transmit or otherwise making available of any Content, including the accuracy, completeness, or usefulness of such Content and compliance with these TOS. You acknowledge that you do not and cannot rely on any Content created by VR or submitted to VR.
6.5 You acknowledge and agree that VR may (i) preserve, copy (in whole and in part), edit and save Content, and (ii) disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VR, its users and the public.
6.6 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices.
- CONTENT FROM YOU
VR does not claim ownership of Content you upload, post, email, transmit or otherwise make available. However, with respect to Content you upload, post, email, transmit or otherwise make available, you grant VR a world-wide, royalty free, irrevocable non-exclusive license to use, distribute, reproduce, modify, adapt, edit, copy (in whole or in part) parody, publicly perform and publicly display such Content. You also grant VR permission to allow the use of Content to be used and referred to on other sites and forums. Use of content will be by agreement with VR only, and we may attribute the content source.
You agree to indemnify and hold VR, and its employees, affiliates, officers, agents, co-branders and related entities harmless from any claim and demand, including reasonable attorneys’ fees, costs, damages (direct and indirect and consequential) made by any third party due to or arising out of Content you upload, post, email, transmit or otherwise make available, your use of the Service, your connection to the Service, your violation of the TOS, your violation of any rights of another, and any comments you may make relating to the Service and VR and its employees, affiliates, officers, agents, co-branders and related entities.
- NO DEALING IN SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or personal gain, any portion of the Service, use of the Service, or access to the Service.
- MODIFICATION TO SERVICE
VR reserves the right to from time to time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that VR, in its absolute discretion, may at any time terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including without limitation, for lack of use or if VR believes that you have violated or acted inconsistently with the letter or spirit of the TOS. VR may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that VR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that VR shall not be liable to you or any third-party for any termination of your access to the Service.
- SHOPPING, ADVERTISEMENTS & LINKS
12.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VR shall not be responsible or liable for any direct or indirect or consequential loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12.2 Products shown on the website are not sold by VR. All web pages shown are simply product description web pages and as such should be used as a general guide only. Product representations and sales are therefore made by those companies featured in our store and not VR. Every attempt is made to ensure that the information on the product pages is correct but it is possible that there may be errors or omission to product information or prices. VR only receives referral or advertising fees in association with those companies. We have no control over the products, descriptions, prices, sales, or shipping. Your usage of the shop deems your acceptance that you will hold VR harmless for any matters occurring from such usage and all recourses will be with those companies only and not include VR.
12.3 The Service may provide, or third parties may provide, links to other sites, apps or resources. VR has no control over such sites, apps and resources, and you acknowledge and agree that VR is not responsible for the availability of such external sites, apps or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, apps or resources. You further acknowledge and agree that VR is responsible or liable, directly or indirectly, 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 on or through any such site, app or resource.
- EMBEDDED CODE TERMS & CONDITIONS
13.1 The courtesy link to the Website must be displayed wherever the embed code is used. Removal of the link code will result in links to the Website appearing in the widget contents. These will be removed when the courtesy link has been added.
13.2 Subject to the terms of this Agreement, VR grants you a non-exclusive, non-transferable licence to use the embeddable computer code to display on your site the Content. You may not copy, re-publish, edit, alter, add to or use the Content, embed code or embeddable player in any other way. The Content is for your personal use only and cannot be used in any commercial way. You may not charge visitors to your site any fee for accessing the Content, use the Content as means to secure advertising, or commercialise the Content or embeddable player in any other way.
13.3 VR are not offering any service level agreement or committing to any obligation to deliver content in any format and timeframe. The Content is made available by VR on an “as is” and “as available” basis and VR gives no warranty of any kind in relation to the Content, embed code or the embeddable player. VR disclaims all implied and statutory warranties to the maximum extent permitted by law.
13.4 In respect to the feed widget, the copyright of any RSS feed content displayed will remain with the originating site. Please make sure that the original source of the content is acknowledged.
13.5 The design, source code, and functionality of any embeddable object may be changed without notice.
13.6 Widgets may be placed on other websites, including online social network profiles and personal blogs.
13.7 Without the express written consent of VR, our widgets may not be embedded by you or third parties within other widgets, apps, gadgets or software modules.
13.8 The placement of Widgets on sites that involve pornography, racism, violence, illegal activities or anything else deemed inappropriate is prohibited.
- VR’S RIGHTS
14.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable Intellectual Property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, Intellectual Property and other proprietary rights and laws. Except as expressly authorized by VR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, copy (in whole or in part) or create derivative works based on the Service or the Software, in whole or in part.
14.2 You agree not to (and not to allow or assist any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Service. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by VR for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) your use of the service is at your sole risk.
(b) the service is provided on an “as is” and “as available” basis.
(c) VR expressly disclaims all warranties 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.
(d) VR makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service/software will be corrected.
(e) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(f) no advice or information, whether oral or written, obtained by you from VR or through or from the Service shall create any warranty not expressly stated in the TOS.
15.2 LIMITATION OF LIABILITY
You expressly understand and agree that VR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VR has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
- EVENTS BEYOND OUR CONTROL
Notwithstanding anything contained in this Agreement, if we are not able to perform our Agreement for reasons beyond our control (including war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war or strife, rebellion, lockouts, fire, flood, storm, transportation issues, industrial disputes, epidemic, pandemic, financial disaster, technical failure, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of governments or other prevailing authorities) then such non-performance shall not be a breach of our Agreement. The Agreement will stay in abeyance until we can perform our Agreement or we may elect to terminate our Agreement.
- YOUR INFORMATION
If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
- NOTICE AND CONTACT
19.1 Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website.
19.2 You may contact us on email email@example.com or on telephone at +44 (0)1753 681941.
- GOVERNING LAW AND VENUE FOR DISPUTES
Our Agreement is governed by the laws of England and Wales and any dispute between us arising out of or in connection with our Agreement (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the Courts of England
- OTHER IMPORTANT TERMS
21.1 If any provision of these TOS (including any provision in which we exclude or limit our liability to you) are found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
21.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.3 If we fail to insist that you perform any of your obligations under our Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.4 You may not assign or transfer your rights or obligations under our Agreement, unless we agree in writing.
21.5 Our Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in our Agreement.
21.6 Each Party acknowledges that in entering into this Agreement it has not rely on, any statement, representation, assurance or warranty (whether made innocently or negligently) by us that is not set out in this Agreement.
21.7 Any variation of these Terms in any document of the customer is inapplicable unless accepted in writing by a director of VR. All orders are accepted subject to these TOS. No terms or conditions put forward by a customer or contained in any order form shall be binding on us.
21.8 We may update, vary and amend these TOS from time to time without prior notice. The latest version of all our TOS can be found on the Website.
VR Sport Media Ltd,
The Queen Mother Reservoir
Effective Date of User Agreement: 07/04/2017