b. ATP Media reserves the right, at our discretion, to amend these Site Terms, and to change, add, remove, or otherwise modify any aspect, feature or content of this site at any time. Please check these Site Terms periodically for any changes. Your continued use of this site following the posting of changes to these Site Terms shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. If you do not agree to the revised Site Terms you must stop using this site and exit without delay.
c. You represent and warrant to ATP Media that your use of this site will at all times be in accordance with any and all applicable laws and regulations.
d. In the event of any conflict or inconsistency between the Site Terms and either the Privacy Notice or the Tennis TV Subscription Terms & Conditions, the terms of the Privacy Notice or the Tennis TV Subscription Terms & Conditions shall prevail.
2. Privacy Notice
ATP Media is committed to protecting your privacy. Please refer to our Privacy Notice for information on how we collect, use and disclose personal information.
3. Ownership of the Site and its Content
a. This site is owned by ATP Media. All of the materials and content featured or displayed on, or provided in connection with this site, including, but not limited to, text, graphics, images, designs, artwork, photographs, illustrations, logos, audio, video, digital downloads, data, data compilations, features, tools, applications, software and other materials, made available by ATP Media on or through this site from time to time and the selection and arrangement thereof (together "ATP Media Content"), is the property of ATP Media or is the property of ATP Media's licensors.
b. All copyright, trade marks, design rights, patents and other intellectual property and proprietary rights of any nature (registered and unregistered) in this site and/or the ATP Media Content shall be and remain vested at all times in ATP Media or its licensors. The names, images and logos identifying ATP Media, its licensors or third parties and their products and services on this site and/or in ATP Media Content are subject to copyright, design rights and trade marks or other intellectual property or proprietary rights (registered and unregistered) of ATP Media or any other relevant third party or licensor.
c. You acknowledge and agree that by posting materials on this site you grant to ATP Media and its licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use and exploit the materials both within this site and in any other manner, including copying, distributing, broadcasting, and otherwise transmitting, modifying, adapting and editing the materials.
4. Use of the Site
a. This site and all ATP Media Content made available on this site are solely provided for your personal, non-commercial use. Such material may not be copied, reproduced, repurposed, framed, used to create derivative works, republished, uploaded, posted, transmitted, distributed, licensed, sold or otherwise exploited by you in any way, including by e-mail or other electronic means and you will not assist or facilitate any third party to do any such act. Without the prior written consent of ATP Media, modification of such material, use of all or any part of it on any other web site or networked computer environment, or use for any purpose other than your personal, non-commercial use in accordance with these Site Terms is a violation of the intellectual property and other proprietary rights of ATP Media and its licensors, and is prohibited.
b. You shall not nor shall you attempt to:
i. circumvent, disable or otherwise interfere with any security related features of this site or any feature that prevents or restricts downloading, copying, retransmitting or distributing ATP Media Content. You shall not alter or modify this site and or the ATP Media Content or in each case parts thereof;
ii. alter, disassemble, decompile or reverse engineer any part of this site or ATP Media Content;
iii. access the ATP Media Content via any technology or means other than as ATP Media explicitly designates for such purpose;
iv. use any data mining, robots or similar data gathering or extraction methods, nor shall you collect, compile, use, reproduce, supply and or distribute any and all match and/or player related scores or other data, information and/or statistics or content comprised in or derived from the ATP Media Content;
v. solicit, collect or harvest any personal data of any other person including any user of this site;
vi. manipulate or otherwise display the site or the ATP Media Content by using framing or similar navigational technology;
vii. abuse this site or use it for any unlawful or unauthorised purpose, which includes transmitting any computer viruses or malicious software to or through the site, or using, posting or transmitting through this site any material (or expressing any opinion or view) which is sexist, racist or otherwise discriminatory, obscene, offensive, malicious, abusive, threatening, defamatory or harmful or which otherwise violates any law or infringes the rights of anyone else (including intellectual property rights, rights of confidentiality, or rights of privacy) or which may cause distress or inconvenience;
viii. upload, post or transmit:
A. any of your or any other person's personal information (save for your information as required by and in the manner collected by us via our subscription services or registration forms);
B. any spam, advertisement, poll, petition or circular; and/or
C. URLs of or links to third party websites or content sources which may contain offensive or illegal material or material which otherwise would be in breach of these Site Terms if uploaded, transmitted or posted on or through this site;
ix. view ATP Media Content in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so;
x. flood any forum board with excessive posts, post meaningless or off topic posts, posts which are for the purpose of campaigning or soliciting participation in public discussion or debate or for advertising goods or services, posts which are abusive, illegal or which support or encourage illegal activity, "flaming" or other attacks on any person, posts discussing or providing opinions on active court cases or proceedings, or posts containing repetitive complaints about ATP Media, its products or services or which are abusive of ATP Media personnel. You shall not impersonate any other person, provide a false identity or provide any untrue or misleading information in relation to yourself or any company or organisation. You must at all times use this site responsibly and treat other users of this site with respect; and/or
xi. use the account of or gain the password or log in details of any other person authorised to use this site.
c. ATP Media reserves the right at any time to immediately terminate your access to and use of this site for any reason without notice, including if you breach, or ATP Media has reasonable grounds to believe that you are likely to breach, these Site Terms or if you otherwise engage in conduct which ATP Media determines in its sole discretion to be unacceptable, or if we are requested to do so by a regulatory authority. Without limiting our right to terminate your use we may at any time without notice immediately suspend your access to and use of this site if your use of it is abusive or against the interests of ATP Media, its licensors, agents or licensees, or other subscribers or in breach of these Site Terms, or if we are requested to do so by a regulatory authority.
5. Links and Third Party Website
a. You may not use the ATP Media Content, logo or other proprietary graphic of ATP Media or any of its licensors, licensees or agents to link to this site without the express written permission of ATP Media.
b. You should be aware that by clicking on links or following advertisements found on this site, you could be directed to other websites. This may include links to organisations, fan clubs, advertisers, and regional sections, as well as sites maintained by licensors, sponsors, clients, events, affiliates or content partners (among others) that may or may not use our logo. When you leave this site, you should be aware that our terms and policies do not govern your use of any such website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this site.
c. ATP Media makes no claim or representations concerning, and accepts no responsibility or liability for, the content or performance of sites linked to this site or listed in any of our directories. Nor do we endorse any advertising, products or other materials or services on or available from such websites. Furthermore, ATP Media accepts no responsibility or liability directly or indirectly for, the accuracy, quality, availability, relevancy, content, copyright or other intellectual property compliance, legality or decency of any material, products or services advertised on or made available on or via any such websites. Nor does ATP Media accept any responsibility for any privacy policies or practices of any such websites, or for any errors, defects or viruses or other harmful components subsisting in or on, or transmitted via, such websites.
d. Any transaction or dealings between you and any third party advertisers or suppliers found on or via this site, including price, payment for and delivery of products or services and any other terms, conditions, warranties or representations associated with such transactions or dealings, are made between and are solely a matter for you and the relevant advertiser or supplier. ATP Media has no responsibility or liability for any loss or damage of any kind incurred as the result of any such transactions or dealings.
6. Registration Data and Account Security
a. In consideration of your use of this site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on this site.
b. You are responsible for maintaining the confidentiality and security (as applicable) of account information, usernames, passwords and IDs that may be required to use this site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are fully responsible for all activity that occurs under or in connection with the use of your account or Account Information (including, without limitation, usernames and password). You accept all risks of unauthorised access to the Account Information. You agree to notify ATP Media immediately of any unauthorised use of your account or password, or any other breach of security.
You hereby agree to indemnify, defend and hold ATP Media, its affiliated companies, licensors, licensees and agents and ATP Media's and their respective officers, directors, employees and agents harmless from and against any claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys' fees and other reasonable costs of defence or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance (or alleged breach or non-compliance) by you of these Site Terms, any use of this site and/or the ATP Media Content by any other person through use of your account information, and any claim brought by persons or entities arising from or related to your access to and use of this site and/or the ATP Media Content. You shall cooperate fully with us in the defence of any claim.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ATP MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE, THAT RESULT FROM OR ARE IN CONNECTION WITH THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE, ATP MEDIA CONTENT, OR MATERIALS OR FUNCTIONS CONTAINED IN OR ACCESSED THROUGH THIS SITE, EVEN IF ATP MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATP MEDIA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATP MEDIA FOR ACCESS TO OR USE OF THIS SITE.
a. THE USE OF THIS SITE AND ALL ATP MEDIA CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR OTHER ASSURANCES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATP MEDIA DISCLAIMS ALL WARRANTIES OR OTHER ASSURANCES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUAILTY, CONFORMANCE WITH DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE. ATP MEDIA DOES NOT WARRANT THAT THE USE OF THIS SITE AND/OR THE ATP MEDIA CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT OR THE ATP MEDIA CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATP MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE AND/OR THE ATP MEDIA CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
b. This site offers a search feature to provide efficiency to the user. ATP Media explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory and/or for the completeness or accuracy of such search results.
c. Except to the extent strictly required by law we are not responsible or liable for and do not endorse or give any assurance as to reliability, accuracy or otherwise as regards any material, statements, advice or opinions, posted by users on forums or bulletin boards. We reserve the right to monitor and may respond to or comment upon communications made by you or other users and edit, refuse to post, or remove any content in our absolute discretion. Failure to remove any particular material does not constitute ATP Media's endorsement or acceptance of it. If you have a complaint or claim arising from the actions of or statements or materials made or posted by any other user you agree that you will pursue that claim only against the user concerned and not against ATP Media.
d. We do not exclude or limit our liability for death or personal injury caused by our negligence nor for any fraudulent misrepresentation that we make.
e. the provisions of section 8 and section 9 a. do not apply in respect of the subscription services to which the Subscription Terms apply.
You irrevocably agree that all matters relating to your access to or use of this site, including, but not limited to all claims and disputes, will be governed by the laws of England. Any claim you make under these Site Terms shall be subject to the exclusive jurisdiction of the courts of England and, by accepting these Site Terms you accept jurisdiction of the English courts for such purposes.
11. Miscellaneous Provisions
Any waiver of any provision of these Site Terms must be in writing and signed by ATP Media in order to be effective. If any court or regulator decides that any provision of these Site Terms is invalid or otherwise unenforceable, that provision shall be severed and deleted from these Site Terms and the remainder of these Site Terms shall continue to have full force and effect.
12. Third Party Rights
A person who is not a party to these Site Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Site Terms, provided that in the event that any ATP Media affiliated company and/or any ATP Media licensor, licensee or agent suffers or incurs any losses, liabilities, damages, costs and/or expenses as a result of any breach by you of these Site Terms, or as a result of any act or omission by you or circumstance in respect of which you have given an indemnity under these Site Terms such losses, liabilities, damages costs and/or expenses shall be deemed to be suffered or incurred by ATP Media and shall be recoverable by ATP Media on behalf of any such person under these Site Terms. This shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Questions and Contact Information
Questions or comments about this Site or these Site Terms may be directed to firstname.lastname@example.org.