Terms and Conditions
TERMS AND CONDITIONS OF USE
1. About Us
1.1 WTAMediaPortal.com (the "Website") is a website operated by WTA Media, a trading division of Perform Media Services Limited ("Perform", "we", "us"). We are a company registered in England and Wales under company number 03426471 and have our registered office at Sussex House, Plane Tree Crescent, Feltham, Middlesex, TW13 7HE.
1.2 References to "you" in these Terms and Conditions of Subscription ("Conditions") are to the company on whose behalf you are subscribing and all of its directors, employees and other personnel who use the Website.
2.1 In cooperation with WTA Tour, Inc. ("WTA"), we provide an online content delivery portal offering (among other things) highlights of tennis matches, interviews and colour content from tournaments (collectively "Content"). The video service, including the Content and the video player, and any other features, tools, applications, materials or other services offered on the Website from time to time by us are referred to collectively as the "Services".
2.3 We reserve the right, at any time, to modify these Conditions by posting a revised version on the 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 are deemed to have accepted any revised version. These Conditions were most recently updated on 30 December 2016.
3. Technical Requirements
3.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
3.2 We will use our 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.
3.3 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.
3.4 From time to time we may need to close the Website portal 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, we 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).
3.5 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
4. Technical Support and Contacting WTA Media
4.1 You can contact us whether to discuss technical problems or for any other reason by emailing us. In all instances, please be ready to give your account name, company name, details of your Licence Agreement and any other data that we may require from you in order to identify and assist you.
4.2 You must 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 emailing us.
4.3 Any notice given by us will be given by email to the address registered to your account. Delivery failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
5. Your use of the Services
5.1 We are the owner or licensee of all intellectual property rights on this Website and in the material published on it, including (but not limited to) the Content, the design, text, graphics, footage, images and other feeds you receive (and any selection or arrangement thereof). You agree that you will access and use the Content only in accordance with your Licence Agreement and that you will not permit any other person or persons to use the Services. You must keep your password secure and not share it or any other access codes with anyone outside of your company or in any way make them accessible to others. You must not 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, and you must not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the Website, or using the Website in a manner which violates or infringes the rights of Perform, the WTA, or any third party). 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 the WTA, other subscribers or in breach of these Conditions or if we are requested to do so by a regulatory authority.
6.1 You agree to indemnify Perform, the WTA and any of their respective affiliates, 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:
6.1.1 any misrepresentation, act or omission made by you in connection with your use of the Services or the Website;
6.1.2 any non-compliance by you with these Conditions; and
6.1.3 claims brought by third parties arising from or related to your access or use of the Website and/or the Services, including without limitation any message features or other information made available by you to the Website.
7.1 Unless agreed otherwise in writing, the maximum liability of each of Perform and the WTA 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 Perform nor the WTA 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 you have been advised of or should reasonably know of the possibility of such loss. Nothing in these Conditions shall exclude or limit the liability of Perform or the WTA for death or personal injury due to negligence or for fraud. This does not affect your statutory rights.
7.3 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.
8. Force Majeure
Neither Perform nor the WTA 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 Perform or the WTA 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 internet connection 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 and industrial disputes.
No waiver by either of Perform or the WTA shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
10. Third Party Rights
Clauses 5 , 6, 7, 8 and 9confer a benefit on the WTA and are intended to be enforceable by the WTA 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.
11. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with these Conditions.