This document governs the relationship between you and the Extreme Sports Channel when you use our online services.
TERMS OF SERVICE
We provide our service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the service. By using the service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the service.
"Contract" means this agreement;
"Information" means all material delivered by us through the Website;
"Registration Form" means the form you must complete in order to receive newsletters (if available), participate in any Extreme Sports Channel online competition and/or register for any other reason;
"Registration Information" means all personally identifiable information collected by us when a user registers on the Website and/or participates in any Extreme Sports Channel online competition and/or registers for any other reason;
"Service" means the provision by us to you of access to the Information through this Website;
"we", "us", "our" means Freecaster Chellozone Parnership, hereafter referred to as "Extreme Sports Channel";
"Website" means the relevant website situated at www.extreme.com; and
"you", "your", "yourself" means you, the Service end-user.
2 REGISTRATION, PASSWORD, SECURITY AND USE
To sign up to receive a newsletter (if available) and to access all areas of the Website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You should then choose a password and an account name. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to (a) notify us immediately of any unauthorised use of your account or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
3 DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.
4 LIMITATION OF LIABILITY
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service or related Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
5 RIGHTS GRANTED/ RIGHTS RESERVED
We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.
6 USER CONDUCT
We provide the Service to you solely for your, personal, private use. You undertake not to use the Service
(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user's computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a Extreme Sports Channel employee, manager, host or another user; or
(j) to transmit, upload, post or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.
However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
7 PARENTAL RESPONSIBILITY
We are concerned about the safety and well being of all our users, but in particular children. Parents (or guardians) who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents (or guardians) that it is their responsibility to supervise children and to determine whether particular areas are suitable for your child. Parents (or guardians) should consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. This Website encourages those under the age of sixteen (16) years to consult with their parents (or guardians) before furnishing any information to this Website and such parental control tools can also prevent children from disclosing online their name, address or other personally identifiable information without parental permission.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
9 INTELLECTUAL PROPERTY
You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service shall remain vested in us or our licensors. Extreme Sports Channel grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, non-commercial and personal use only, one copy of any material and/or software that you may download from this Website, including but not limited to any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided however that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from the Extreme Sports Channel or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.
10 SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.
When entering a specific competition we will alert you to any particular rules and/or restrictions applicable to that competition, please click here and ensure that you read our general competition rules which apply to entry in all of our competitions.
12 USER PRIVACY
13 MOBILE SERVICES
Click here for information on our mobile services and additional terms and conditions applicable when users interact with us by mobile devices/SMS (e.g. when entering competitions, or registering a vote using text messaging services).
14 MESSAGE BOARDS AND CHATROOMS
Click here for information on our Message Board and Chatroom Code of Conduct.
15 CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE
We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.
17 NO WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
18 CHOICE OF LAW AND JURISDICTION
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.
19 LINK TO THIRD PARTIES
This Website and the Chello Zone Sites may contain links to websites operated by parties other than Chello Zone (for example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website). Such links are provided for your convenience only. Chello Zone does not in anyway own, control or participate in the operation of such websites, and makes no warranties as to the content, legality, or legitimacy of such websites. Chello Zone╠s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Users may also enter into correspondence with or participate in promotions of advertisers on the Website and Chello Zone in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. Chello Zone assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation and makes no warranties thereto.