Last Updated: 11 May 2018
Volleyball TV is being delivered to users and subscribers (“you” or “your”) by a digital platform provided by IMG Media Limited (“IMG Media” or “we” or “our”). We are a company registered in England and Wales (company number 11172573), our VAT number is GB228345266 and our registered office and address for correspondence is: Building 6, Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5HR.
IMG Media’s delivery of Volleyball TV gives you the opportunity to select from various offerings of live and on-demand programming, including television shows, clips, and other audiovisual content (collectively, the “Content”).
1. DESCRIPTION OF SERVICE
The Volleyball TV platform, the Content, IMG Media’s player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by IMG Media through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the Volleyball TV website (the “Volleyball TV Site”), applications, and other places where any Services are available, including websites and applications of IMG Media’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
5. COMMUNICATION PREFERENCES
By using the Services, you consent to receiving electronic communications from IMG Media relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Services, or in the “Your Account” page and will include notices about your account (for example, payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with IMG Media. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication and notice requirements, including that such communications and notices be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
You also consent to receiving certain other communications from us, such as newsletters about new IMG Media features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Your Account” page on the Volleyball TV Site to manage your communications or use the “unsubscribe” link at the bottom of our communications.
6. ACCESS AND USE OF THE SERVICES
A. Age Limitations
You must be 18 (eighteen) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts.
B. Limited License
The Services and any Content viewed through our service are for your personal and non-commercial use only. During the term of your membership, we grant you a limited, non-exclusive, non-transferable, license to access the Services and view the Content through the Services, including accessing and viewing the Content on a streaming-only basis through the Access Points. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. Except for the foregoing limited license, no right, title or interest in the Services will be transferred to you. You agree not to use the Services for public performances.
C. Geographic Limitations and Simultaneous Streaming
You may view the Content through the Services primarily within the country in which you have established your account and only in geographic locations where we offer our Services and have licensed such content. The content that may be available to watch will vary by geographic location. IMG Media will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the “Your Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
D. Compatible Devices
In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by service. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.
E. The Content
i. Usage Rules and Limitations
ii. Internet Service, Data Usage, and Content Quality
In order to access the Services, you must have a high-speed broadband, wireless or similar Internet connection from an Internet service provider that meets certain technical specifications. IMG Media uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your Internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your Internet service and device capabilities. You are responsible for all Internet access and data charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes you to begin playing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, IMG Media is unable to make any warranties about the Content in these respects.
iii. Explicit Content
By using the Services, you may encounter Content that may be offensive, indecent or objectionable; save to the extent that we are required to do so by law, this Content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Services at your sole risk, and IMG Media has no liability to you for any Content. Content types, genres, categories, and descriptions are provided for convenience, and IMG Media does not guarantee their accuracy.
F. The Video Player
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
H. Changes to the Services
We continually update the Services, including the Content that is available. In addition, we continually test various aspects of the Services, including our website, user interfaces, service levels, plans, promotional features, availability of the Content, delivery and pricing. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services. We make no guarantee as to the availability of specific content or the minimum amount of content available in any subscription.
I. Your Responsibilities
J. Account Restriction/Termination
7. SUBSCRIPTION, FREE TRIALS, BILLING AND CANCELLATION
i. Ongoing Membership
Your Volleyball TV membership will be based on a monthly, semi-annual, annual, or other designated period (a “Period”) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Services. All memberships must be pre-paid with the amount due for the entire applicable Period. We will bill the membership fee to your Payment Method on the first day of each new Period for an amount covering the entire Period.
In respect of rolling membership or subscription offerings, you must cancel your membership before it automatically renews at the end of each Period in order to avoid billing of the next Period’s membership fees to your Payment Method. Your membership can be cancelled at any time prior to the beginning of the next Period.
Some Volleyball TV memberships will cover a finite, fixed Period (a “Fixed Period Membership”) which will not automatically renew (such as, for example, a membership for the duration of a league). Such Fixed Period Memberships may be made available for a one-off, fixed membership fee and, to the extent permitted by applicable law, no discount or refund will be available if you purchase such Fixed Period Membership at any point after such fixed Period has commenced.
The pricing for subscriptions or memberships may include VAT and/or other sales taxes. Where applicable, such taxes will be collected by the party with whom you transact for the Services, which may be IMG Media or a third party.
ii. Differing Memberships
B. Free Trials
Your Volleyball TV membership may start with a free trial. The free trial period of your membership typically lasts for 21 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. IMG Media reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for membership fees for the Period at the end of the free trial period of your membership and your membership will automatically renew on the first day of each new Period unless your membership is a Fixed Period Membership or you cancel your membership prior to the beginning of the new Period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one Period of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Visit the “Your Account” page on the Volleyball TV Site to find cancellation instructions. We will continue to bill your Payment Method at the beginning of each new Period for your membership fee until you cancel.
C. Billing and Cancellation
i. Recurring Billing
By starting your Volleyball TV membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the beginning of each Period or the date of sign-up to the Fixed Period Membership (as applicable) for the current rate of the entire Period, and any other charges you may incur in connection with your use of the Services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each period may vary from Period to Period for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, increased subscription fees or pricing, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed each Period in one or more charges.
ii. Price Changes
iii. Billing Cycle
iv. No Refunds
v. Payment Methods
You may edit your Payment Method information by visiting the “Your Account” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Your Statutory Right to Cancel
If you are a consumer resident in the European Union, then you may also have the right to cancel your IMG Media subscription without giving any reason, and ask for a refund within 14 (fourteen) days of purchasing such subscription (or, if earlier, starting your free-trial (if applicable). However, as explained below, this right is lost as soon as you download, stream, access or use any of the Content, or use any of the Services.
To cancel your IMG Media subscription, you must inform us of your decision to cancel. You can contact us by sending an e-mail to email@example.com. Please make sure that you include the details of your subscription purchase so that we can identify it.
You can also notify us by completing and submitting the Cancellation Form (which you may post or e-mail to us). If you use this method, we will e-mail you to confirm that we have received the cancellation.
If you validly cancel your purchase in accordance with this section, we will refund the price you paid for your IMG Media subscription (if any). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the subscription.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
These rights of withdrawal do not affect your legal rights.
You may also cancel your Volleyball TV membership at any time following the expiry of the period referred to in section vi above.
Unless your membership is a Fixed Period Membership, you may cancel your Volleyball TV membership at any time, and you will continue to have access to the Services through the end of your applicable billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL- MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel your rolling membership, go to the “Your Account” page on the Volleyball TV Site. If you cancel your rolling membership, your account will automatically close at the end of your current billing Period. If you signed up for IMG Media using your account with a third party as a Payment Method, and wish to cancel your Volleyball TV membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Services through that third party. You may also find billing information about your Volleyball TV membership by visiting your account with the applicable third party.
8. ACCOUNT ACCESS AND PASSWORDS
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any IMG Media representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your IMG Media account by logging in on the Volleyball TV Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account.
9. USE OF INFORMATION SUBMITTED
IMG Media is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”) or Posts (as defined below), including responses to questionnaires or through postings to the Services, including the Volleyball TV Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree to waive any "moral rights" in and to the Feedback and Posts, to the extent permitted by applicable law.
Please note IMG Media does not accept unsolicited materials, concepts or ideas for the Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to IMG Media. Should you send any unsolicited materials, concepts or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against IMG Media and its affiliates regarding the use of such materials, concepts and ideas, even if material, concept or an idea is used that is substantially similar to the material, concept or idea you sent.
10. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to IMG Media (in IMG Media’s sole discretion), or links to infringing or unauthorized content (collectively, “Unsuitable Material”); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on IMG Media using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant IMG Media the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. You will indemnify IMG Media and all of its affiliated parties for any claims, liabilities, or losses (including attorneys’ fees) arising from your breach or alleged breach of the foregoing representations and warranties. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. IMG Media will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that IMG Media does not guarantee any confidentiality with respect to any User Material.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Services. These Applications may import data related to your IMG Media account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and IMG Media is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY IMG MEDIA AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
12. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
Where we provide digital content (including Content) as part of the Service, then the following will apply for consumers resident in the European Union:
(i) If the Content is faulty, you are entitled to request that it is repaired or replaced;
(ii) If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
(iii) If you can demonstrate that the fault has damaged your device and that we have not used reasonable skill and care, then you may be entitled to a repair or to compensation.
We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13. LINKED DESTINATIONS AND ADVERTISING
A. Third Party Destinations
IMG Media is not responsible for the content or practices of any website or destination other than the Volleyball TV Site, even if it links to the Volleyball TV Site and even if the website or destination is operated by a company affiliated or otherwise connected with IMG Media. By using the Services, you acknowledge and agree that IMG Media is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Volleyball TV Site.
B. Third Party Advertisements and Services
You agree that IMG Media and its licensors own and retain all rights to the Services, the Content, the Video Player and any related software. Except for information which may or may not be in the public domain, all right, title and interest into any content displayed on the Services including but not limited to the Services’ look and feel, data, information, documents, text, logos, services, software graphics, images, sound or video material, designs, trademarks, service marks, trade names, and URL, belong to and are the exclusive property of IMG Media or its respective partners, licensors, agents or third parties, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, re-published, or transmitted in any form or by any means without the prior written consent of IMG Media in each instance.
This list is meant to be inclusive and not exclusive. Such rights will include to the extent permissible by applicable law any and all rights of privacy, publicity and moral rights.
15. INTELLECTUAL PROPERTY
The Services, including all Content provided on the Services, are protected by copyright, trade secret or other intellectual property laws and treaties.
Volleyball TV, IMG Media, the IMG Media logo, and other IMG Media marks, graphics, logos, scripts, and sounds are trademarks of IMG Media and its licensors. None of the IMG Media trademarks may be copied, downloaded, or otherwise exploited.
16. NOTICE AND PROCEDURE FOR CLAIM OF COPYRIGHT INFRINGEMENT
If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify IMG Media of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that IMG Media receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to IMG Media’s copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
Dice Technology Ltd
Address: 9601 Wilshire Boulevard, Beverly Hills, California 90210, US
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable IMG Media to identify and locate the material; (iv) how IMG Media can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
17. LIMITATION ON TIME TO BRING A CLAIM
18. GOVERNING LAW
19. ATTORNEYS’ FEES
If any action is brought by either you or by us against the other party in connection with your use of the Services, the prevailing party will be entitled to recover, in addition to any other relief granted, reasonable attorney fees, costs, and expenses of litigation.
20. INTEGRATION, AMENDMENT, SEVERABILITY
© 2018 IMG Media Limited, Fédération Internationale de Volleyball and their respective licensors.