Terms and conditions
Posted on: Thursday 4th December 2008
These Terms and Conditions shall apply to Your use of the website located at www.omnisport.tv
By using the Omnisport Site You agree to be bound by the Terms and Conditions set out below. If You do not wish to be bound by these Terms and Conditions, You should not use the Omnisport Site.
We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Omnisport Site will be deemed an acceptance of the terms existing at that time.
All copyright in the text, videos, images, photographs, graphics, user interface, and other content provided on the Omnisport Site ("the Website"), and the selection, coordination, and arrangement of such content, are owned or licensed by Omnisport, to the full extent provided under UK copyright laws and all international copyright laws.
You may view the Website and its contents but you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the site for any purposes.
The Website and the information contained in it are for individual entertainment and informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the site is strictly prohibited without Omnisport's prior written consent. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Omnisport is prohibited.
2. Trade Marks
The Website includes registered and unregistered trademarks of Omnisport and various third parties, including but not limited to domestic and international sporting regulatory bodies and associations and commercial partners of Omnisport. You may not use these trademarks without the prior written consent of the owner of the relevant trademark.
The links to third party websites that are contained within this Website are provided only for your convenience. Omnisport does not endorse those third party websites or any of the products or services offered on or through them. You access those third party websites and use the products and services offered on or through them at your own risk.
Omnisport welcomes other website managers and administrators using the Omnisport logo as a link from their site to the www.omnisport.tv home page.
4. Your conduct
In particular, you agree not to:
i) use the Website for any activities, or submit to or via the Website any information or materials, which breach any laws or regulations or infringe a third party's patent, trade mark, copyright or other proprietary rights or privacy;
ii) publish, distribute, transmit or disseminate on the Website any material which is unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable;
iii) promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Website;
iv) impersonate any person or entity;
v) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
vi) undertake any conduct that, in Omnisport's sole discretion, restricts or inhibits any other user from using or enjoying the Website.
You will indemnify Omnisport, its employees, agents and representatives from any loss or damage including consequential loss or damage which may arise from the posting or deletion of your submitted content or from any breach by you of these terms or from your use of the Website.
5. Data Protection
6. Price and Payment
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 tax 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.
You confirm that the account/credit/debit card which is being used is yours. All account, credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.
Perform Media Channels Ltd. reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
7. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF PERFORM MEDIA CHANNELS Ltd. AND OMNISPORT 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 IN QUESTION ("PAYMENT AMOUNT"). NEITHER PERFORM MEDIA CHANNELS Ltd. NOR OMNISPORT SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
(I) ANY DIRECT LOSS IN EXCESS OF THE SUBSCRIPTION AMOUNT; OR
(II) ANY INDIRECT OR CONSEQUENTIAL LOSS OR OTHER COSTS; OR
(III) ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHAT SO EVER 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 PERFORM MEDIA CHANNELS Ltd. AND OMNISPORT FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
9. Cancelling a subscription
The Subscriptions to any of our products can be cancelled at anytime by writing to our customer services department.
9a. Subscription exceptions - Serie A
Please note: From time to time during the course of the season Omnisport.tv will be granted the right to stream extra Serie A matches at short notice. These matches will be designated 'Additional Serie A' matches and they carry different geo-restrictions to all other Serie A matches - these are part of the rights agreement and are out of the control of Omnisport.tv. Unfortunately, it is not technically possible to include these games in the subscription packages and they will have to be charged at the $5.99 rate.