2 Access and use
4.2 You hereby irrevocably and unconditionally assign to IMG (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to your Content (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in your Content. You agree, in such, circumstances, that you are not entitled to any compensation from IMG or any of its associated companies.
4.4 IMG may aggregate all or any portion of the Content and any information associated with the Content or your use of the Website and the Services (collectively, “Aggregated Data”). IMG shall own exclusive rights, including without limitation all intellectual property rights, in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise, subject to compliance with applicable data protection and privacy law.
4.5 Content (excluding account information, payment information, and other similar information) will not be treated as confidential, unless required by applicable law.
4.6 You are prohibited from posting, transmitting to or submitting via the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.8 The Website must be used only for lawful purposes, in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website:
(a) to harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction; or
(b) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation or relationship with any person or entity or disguise the origin of any content; or
(c) to collect store and/or identify private or personal information of a user.
4.9 We reserve the right to monitor, suspend, restrict or terminate your access to the Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.
4.11 Whilst we endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of the Website or for the failure to update the information contained on the Website.
4.12 IMG may display advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website (“Third-Party Content”). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of any Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use. Any forum or chat room we may provide is intended as a service to its members and the general public and if we give you the opportunity to display, post, stream, submit, transmit and/or exchange your ideas, information, opinions, works (including but not limited to photographs, images, video, creative works or other information, messages, transmissions or material to or with us, on the Website or to others (“Post” or “Postings”) we do not endorse any Posting and it does not reflect the views of IMG or any of its associated companies.
4.13 Any offers or promotions made available to you via the Website are subject to availability and may be subject to further conditions including, without limitation, conditions in respect of goods and services the provision of which are subject to age restrictions.
4.14 Submissions by visitors to the Website, including feedback data such as questions, comments, suggestions regarding the content of the material on the Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that IMG or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of communication to the public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5 Copyright and Other Intellectual Property
5.1 The names, images and logos identifying IMG, the Services and any of IMG associated companies or third parties and their events, programmes, products and services are proprietary marks of IMG, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of IMG, its associated companies or any other third party.
5.2 The Website contains material that is derived in whole or in part from material supplied and owned by IMG and from other sources. All copyright, trademarks and other intellectual property rights in the Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of IMG or IMG licensors. You agree that you do so only for your own personal, non-commercial use. You must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site or medium), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without IMG prior written permission.
6 Links to and from other websites
6.1 IMG does not control and is not responsible for the availability or content of any third party websites or material you access through the Website. Links to third party websites or material on the Website are provided solely for your convenience. If you decide to visit any linked site or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. IMG does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or materials (including payment for and delivery of such products or services).
6.2 IMG is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or materials. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.5 To the extent permitted by law, IMG disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from the Website.
6.6 Links do not imply that IMG endorses, is affiliated or associated with any linked website or materials, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of IMG or any of its affiliates or licensors.
7.1 While IMG endeavours to ensure that the information and other materials created by us and included on the Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. IMG does not warrant the accuracy or completeness of any information or materials on the Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. IMG reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to any events materials, products, programmes, programs, services or prices described in the Website at any time without notice.
7.2 The material on the Website, including but not limited to the information, names, images, pictures, logos and icons relating to the Website, IMG and/or any of IMG associated companies, events, programmes, products and services (or to third party programmes, products and services) is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.3 IMG does not warrant (and none of its associated companies warrant) that the functions contained in the Website will be uninterrupted or error free or that any defect will be corrected or that the Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. IMG does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. IMG may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice or liability.
7.4 The Application Store Providers (as defined below) have no warranty obligation whatsoever with respect to the Mobile App or the Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Mobile App.
8 Exclusion and Limitation of Liability of IMG
8.1 Subject to 9.3, IMG, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of IMG associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with
(a) the Website in any way; or
(b) the materials on or removed from the Website;
(c) your acceptance or use of any prize in any of our competitions;
(d) the use, inability to use or the results of use of the Website;
(e) any websites linked to the Website or the material on such websites.
8.2 Clause 8.1 applies but is not limited to loss or damage due to communication-line failure, delay in operation or transmission, destruction, network or system outage, theft, unauthorized access, viruses or corrupt files that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. This shall apply even if IMG or any of its associated companies or licensees have been notified of the possibility of any damage.
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability, which cannot be excluded or limited under applicable law, including without limitation consumer protection law.
8.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.5 Without prejudice to any of the provisions in this paragraph 8, the liability of IMG shall not exceed the amount, if any, paid by you to access this Website or 10 pounds, whichever is greater.
9 Your Responsibilities and Indemnity
9.1 By transmitting, posting on or submitting any Content via the Website you:
(b) warrant all information provided by you to IMG is true, accurate and up to date in all respects;
(c) warrant your contribution is your own original work and you have the right to submit it and assign to IMG all rights in it and it will not infringe the rights of any third party or breach any laws; and
(d) irrevocably waive any moral rights in your submission.
9.3 In the event of any claim that the Website, or your possession or use thereof, or the Services infringe any intellectual property rights of a third party, you agree to contact IMG directly, and the Application Store Providers will not be responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim. IMG will, at its option and expense, terminate the licence granted herein, settle, or defend the claim.
10 Mobile App
10.1 This Term of Use is a binding agreement between you and IMG, and not with Apple Inc. or Google Inc. (the “Application Store Providers”). IMG, not the Application Store Providers, is solely responsible for the Mobile App and the content thereof and for the Services.
10.2. Ownership of Mobile App. The Mobile App is the valuable property of IMG and our licensors and is protected by copyright and other intellectual property laws and treaties. IMG, and our licensors, own all right, title and interest in and to the Mobile App, including all copyright and other intellectual property rights therein.
10.5. Product Claims. IMG, not the Application Store Providers, is responsible for addressing any questions, comments or claims relating to the Mobile App or your possession and use of the Mobile App, including but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions or comments, please contact IMG at the address above or by email at firstname.lastname@example.org.
11 No Export
You may not use or otherwise export or re-export the Website or any content contained therein, except as authorized by applicable law
12 Legal Compliance
You agree to comply with all applicable laws and regulations, including export control laws, and all applicable third-party terms or agreements in the use of the Website and the Services.
IMG reserves the right to modify or discontinue, temporarily or permanently, the Website or the Services (or any features or portions thereof) without prior notice. You agree that IMG will not be liable for any modification, suspension or discontinuance of the Website or the Services (or any part thereof).
16 Law And Jurisdiction
16.3 IMG neither warrants nor represents that materials on the Website will not infringe any third party rights. IMG makes no representation that the materials in the Website are appropriate or available for use in other locations and other countries. If you choose to access the Website from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.
17 Your Feedback And Complaints