TERMS AND CONDITIONS OF USE AND SUBSCRIPTION
1. About Us
1.1 www.thisisbasketball.tv (the "Website") is a website operated by TIB GCV and DBVideo Luxembourg ("TIB","We", "Us"). TIB GCV is a company registered in Belgium under company number BE0847.894.717 and have our registered office at Stationsstraat 58/2, 9800 Deinze, OVL. DBVideo Luxembourg is a company registered in Luxemburg under company number LU25580216 and have our registered office at 43, Op Zaemer, L-4959 Bascharage, Luxemburg.
2.1In cooperation with the relevant licensor of rights for each separate piece of content (including the original rights holder) ("Company"), TIB provides an online video service offering (among other things) streaming of sporting events (both live and on-demand), highlights of such events and other related content (collectively "Content") available on the Website, the delivery of which is subject to certain restrictions (including, but not limited to, certain territorial restrictions). The video service, including the Content and the video player, and any other features, tools, applications, materials or other services offered on the Website (or via any other platform (including, but not limited to applications for mobile devices and third party platforms such as Facebook) and all references to Website herein shall be read to include such platforms) from time to time by the Company and/or TIB are referred to collectively as the "Services".
2.3 The Company and TIB on its behalf reserve the right, at any time, to modify these Conditions by posting a revised version on this Website. You acknowledge that you have read and understood (and agree to be bound by) these Conditions now and every time you use the Services. By continuing to use the Services you accept any revised version.
3.1 In ticking the box and accepting the Conditions on the subscription or registration page, you are entering into a legally binding contract with TIB to purchase the Services. The contract is conditional on payment being authorised by your card issuer or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions.
4. Price and Payment
4.1 Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT (or any similar tax in any other territory or jurisdiction) at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order.
4.2 Payment for Services must be made by MasterCard, Visa, Visa Delta JCB cards or PayPal or Direct Debit mandate or promotional or subscription code (as indicated in each case). You confirm that the credit/debit card or bank account or code which is being used is yours, or that you have the authorisation of the card or code holder to use it. All account and credit/debit card holders are subject to validation checks and authorisation by the card issuer.
4.3 TIB reserves the right to refuse direct debit or credit/debit card payments at its reasonable discretion. TIB will process your payment on a secure site.
5. Duration and Termination
5.1 You may cancel your subscription for the Services by sending an e-mail to customer services at the following e-mail address: firstname.lastname@example.org.You may cancel your subscription to the Services at any time prior to the expiry of your subscription period, but you will continue to have access to the Services for the duration of your subscription period. We do not refund any subscription fees paid in case of your cancellation. When you acquire a subscription, you acknowledge and agree that for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (or any similar legislation in any other relevant jurisdiction) (the “DSRs”), the provision of Services pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the Website and accordingly, any cancellation rights under the DSRs shall not apply to such transaction.
5.2 You can cancel your free trial (where no payment has been taken and you are able to access subscription products) at any time prior to the end of the relevant free trial period and your credit/debit card will not be charged. The exact length of the free trial period will be stated at the time of purchase.However we will not issue a refund if you request cancellation and a refund after your free trial period has ended and/or your credit/debit card has been charged for the relevant month, year or relevant period.
5.3 TIB may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 7 will be considered to be a material breach) or if you do not fulfil any of the technical requirements established in the Help Section of the Website.
5.4 In addition, TIB may terminate this agreement on one calendar month's notice. If TIB terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
6. Technical Requirements
6.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
6.2 In the event that TIB reasonably determines that you do not meet these requirements TIB reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 4.
6.3 TIB will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
6.4 In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Services may not be uninterrupted, timely, secure or error-free.
6.5 From time to time we will need to close the Website and suspend the Services to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, TIB will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
7. Technical Support and Contacting TIB
7.1 You can contact TIB whether to discuss technical problems or trace your subscription, or for any other reason by emailing to TIB as described below. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode or other data that TIB may require from you in order to assist you or to identify your subscription (if applicable).
7.2 If you subscribe to the Services, you should notify us immediately if any of your details change by logging on to the Service and updating these details in the My Account section or by e-mail to email@example.com
7.3 Any notice given by TIB can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
8. Your use of the Services
8.1 We are the owner or licensee of all intellectual property rights on this Website and in the material published on it, (including by not limited to) the design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of TIB and/or others. You agree that you will (a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else; (b) at any given time, only view the Services via a permitted device and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others; (c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above; (d) not alter, disassemble, decompile or reverse engineer any part of the Services; (e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and (f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or if we are requested to do so by a regulatory authority.
9. Message Features and Content Use
9.1 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with this section.You undertake that any such contribution complies with those standards.
9.2 Our Website may offer opportunities for you to transmit messages in connection with various features including email, message boards and chat rooms ("Message Features").
9.3 Where we do provide any Message Features, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). However, we are under no obligation to oversee, monitor or moderate any Message Features we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Message Features by a user in contravention of our content standards, whether the service is moderated or not.
9.4 You must use Message Features in a responsible manner, and are solely responsible for any content you transmit.You must not transmit any message ("Message") in connection with any Message Feature that is discriminatory, offensive, constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law, infringes the rights of third parties, contains any information of a commercial nature, contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine or in any way adversely affects, restricts or inhibits any other user from using and enjoying the Website.
9.5 Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in the immediate, temporary or permanent withdrawal of your right to use the Website.
10. Children and Young People
10.1 The Services are primarily aimed at users who are over the age of 18. There are however no barriers to those under 18 accessing the Website or registering as users. Users under 18 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Website should review these Conditions carefully.
11.1 You agree to indemnify TIB and/or the Company and any affiliates of TIB and/or the Company and our and the Company's respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
11.1.1 any misrepresentation, act or omission made by you in connection with your use of the Services or the Website;
11.1.2 any non-compliance by you with these Terms; or
11.1.3 claims brought by third parties arising from or related to your access or use of the Website and/or the Services, including without limitation the Message Features or other information made available by you to the Website.
12.1 Unless agreed otherwise in writing, the maximum liability of each of TIB and the Company to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services ("Payment Amount"). Neither TIB nor the Company shall in any event be liable to you for: (i) any direct loss in excess of the Payment Amount; or (ii) any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss. Nothing in these conditions shall exclude or limit the liability of TIB and/or the Companyand death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
12.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
13.1 From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
14. Force Majeure
14.1 Neither TIB nor the Company shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of TIB or the Company including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
15.1 No waiver by either of TIB or the Company shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
16. Third Party Rights
Clauses 12, 13, 15 and 16 confer a benefit on the Company and are intended to be enforceable by the Company by virtue of the Contracts (Rights of Third Parties) Act 1999. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
17. Governing Law
17.1 These Conditions shall be exclusively governed by and construed in accordance with the laws of Belgium and Luxemburg and you irrevocably submit to the exclusive jurisdiction of the courts of Belgium and Luxemburg.
TIB.tv Account. Your TIB.tv account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a TIB.tv account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify TIB.tv immediately of any breach of security or unauthorized use of your account. TIB.tv will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your profile settings. By providing TIB.tv your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Service Rules. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping” except for uses allowed under the “Feed and API” section below; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the TIB.tv servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that TIB.tv grants the operators of public search engines revocable permission to use spiders to copy materials from thisisbasketball.tv for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the site, or other channels, any private, personally identifiable information of any third party, including, but not limited to: addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service or TIB.tv’ written permission; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the TIB.tv Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You are solely responsible for your interactions with other TIB.tv Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TIB.tv shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Advertisements. You agree that TIB.tv may include advertisements and/or content provided by TIB.tv and/or a third party (collectively “Ads”) as part of the implementation of the Service. You agree to comply with any specifications that may be provided by TIB.tv from time to time to enable proper delivery, display, tracking and/or reporting of Ads. You will receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads and/or other events TIBed in connection with the display of Ads on the Permitted Sites (as defined below), in each case as determined by TIB.tv in its sole discretion in accordance to the then applicable revenue share calculation. “Permitted Sites” means web sites owned, operated or controlled by you on which you have integrated the Service. Your payments will be sent by TIB.tv within approximately ninety (90) days after the end of each calendar month that Ads are running on the Permitted Sites if your earned balance is $100 or more. If you terminate this Agreement (and you have not breached this Agreement), TIB.tv will pay you your earned balance within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by you (following TIB.tv’ receipt of your written request, including by email, to terminate this Agreement). In no event, however, will TIB.tv make payments for any earned balance less than $10.
Payment will be calculated solely based on records maintained by TIB.tv and no other measurements or statistics of any kind will be accepted or have any effect under this Agreement. We make no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this Agreement. Payment will only be made after you successfully submit your payment information and tax forms via the TIB.tv publisher dashboard. You acknowledge and agree to claim any payments from TIB.tv within three (3) months of the attempted issuance of that payment otherwise TIB.tv shall have the right to recapture all payments that are held by TIB.tv and that are due to you.
TIB.tv reserves the right, in its sole discretion, to not run Ads on sites based on quality criteria important to our advertisers, including but not limited to: site language, brand safety of content, and user engagement.
User Responsibility and User-Posted Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”).
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of privacy or publicity rights. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the TIBance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content or your use is covered by a fair use exception and have the power to grant the license granted below. TIB.tv reserves the right, but is not obligated, to reject and/or remove any User Content that TIB.tv believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of the Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following: Your User Content and TIB.tv’ use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights, right of publicity and privacy rights.
TIB.tv may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
TIB.tv takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that TIB.tv shall not be liable for any damages you allege to incur as a result of User Content.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to TIB.tv a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly TIB, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and TIB.tv’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and TIB such User Content as permitted through the functionality of the Service and under these Terms.
Publisher Responsibility and Content Guidelines
TIB.tv enables online discussion communities, and in doing so, freedom of expression and identity are core values of the Service. There are a number of categories of content and behavior, however, that jeopardize the Service by posing risk to users, publishers or third party services utilizing the TIB.tv platform. Websites or website representatives publishing inappropriate content or exhibiting inappropriate behaviors in connection with their use of the Service, including from the following categories, may have their TIB.tv account suspended or terminated:
- Blackmail or extortion
- Copyright or trademark Infringement
- Deceitful data collection
- Harm to minors or animals
- Intimidation of users of the TIB.tv Service
- Privacy violations
- Unlawful activities
The above list may be modified or expanded at any time, and individual account deactivation decisions remain at the sole discretion of TIB.tv.
Feeds and API
TIB.tv provides access to portions of its Service via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Service. TIB.tv asks that you use these features respectfully, and as may be outlined in any documentation that we provide. You may not use these or any other features of the Service itself to allow the display of a substantial portion of the TIB.tv database or reproduce, duplicate or copy any or all of the TIB.tv Service. TIB.tv reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason or no reason.
TIB.tv Property and Attribution
TIB.tv, the TIB.tv logo and the TIB.tv design are trademarks or trade dress of TIB.tv, and may not be used without express written permission from TIB.tv, other than for attribution. Attribution branding guidelines can be found at //thisisbasketball.tv/brand/. Any application displaying a TIB.tv comment or user profile must display the TIB.tv social icon linking to //thisisbasketball.tv/, the comment timestamp linking to the comment permalink, and the TIB.tv username linking to the thisisbasketball.tv user profile URL if the username is available. Any analysis or statistical reporting for public or commercial purposes, derived in part or in its entirety from content on the TIB.tv Service, must be sourced as “TIB.tv” or “TIB.tv comments.”
All other trademarks not owned by TIB.tv that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TIB.tv. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, APIs, software, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “TIB.tv Content”), and all Intellectual Property Rights related thereto, are the exclusive property of TIB.tv and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly TIB, publish, adapt, edit or create derivative works from any TIB.tv Content. Use of the TIB.tv Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Since we respect artist and content owner rights, it is TIB.tv’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TIB.tv’ copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit TIB.tv to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: TIB, Gcv.
Address: Stationsstraat, 9800 Deinze
Telephone: N/A Fax: N/A Email: info-at-thisisbasketball.eu
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, TIB.tv has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. TIB.tv may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless TIB.tv and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty and Limitation of Liability
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TIB.tv, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TIB.tv DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TIB.tv SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TIB.tv WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIB.tv, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TIB.tv BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIB.tv ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TIB.tv, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING GREATER THAN EITHER (A) THE AMOUNT YOU PAID TO TIB.tv HEREUNDER OR (B) 1 DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TIB.tv HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in Belgium. TIB.tv makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TIB.tv without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to Terms
These Terms were first published and made effective on October 1, 2016.