TERMS OF USE
These terms of
use (“Terms”) govern the access to,
and use of the Eurovision Sport website and application (“Service”) provided by the European Broadcasting Union ("EBU")/ l'Union Européenne de Radio-Télévision
("UER") with registered office at L’Ancienne-Route
17A, 1218 Le Grand-Saconnex (Geneva) Switzerland
(“we”, “our” or “us”). The
Service enables the user (“User” or “you”) to have access to sport
events and related content (“Content”).
ACCESS TO THE SERVICE
(i)access to and use of the Service
is free of charge; no payment is required. You
are responsible for all internet access, mobile data and other charges incurred
when using the Service.
(ii)access to and use of the Service
requires a user account. To create an account, if you
have the legal age in your country of residence or you
otherwise have sufficient legal consent, permission and capacity to use the
Service in applicable jurisdiction(s) as determined by you, follow the
step-by-step instructions displayed, and once you have verified your email
address, you will have successfully completed the registration process, and are
able to access to and use the Service.
(iii)you are
responsible to maintain the operating system of the device or systems through
which you access and use the Service up-to-date and install all recommended
software and security updates.
(iv)you are
responsible to keep your user account login information and password secret.
You shall be solely responsible for any access to your user account and any use
of the Service by way of their credentials should these elements be discovered
by a third party.
USE
OF THE SERVICE
You must always
use the Service in a lawful manner and in compliance with these Terms. This
means that you are permitted to use and view the Service for your personal and
non-commercial use only. You may not reuse, republish, or reprint any part of
the Content without our written consent.
You must not (i)
use the Service in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with these Terms, or act fraudulently or maliciously, for
example, by hacking into or inserting malicious code (including viruses or
harmful data) into the Service; or (ii) use the Service in any way that could
damage, disable, overburden, impair or compromise EBU's technical
infrastructure, systems or security or interfere with the other User’s use of
the Service; or (iii) collect or harvest any information or data from any
aspect of the Service or EBU's technical infrastructure or systems or attempt
to decipher any transmissions to or from the servers running the Service.
BINDING
TERMS
By
accessing and/or using the Service you agree to be legally bound by these
Terms. If you do not agree to be legally bound by these or any future Terms,
please do not access and/or use the Service. These Terms shall apply to any use
of the Service, also after your registration has been terminated.
SERVICE
CHANGE
The
Service may change (temporarily or permanently) depending on your device,
location, or territory or to perform maintenance or to upgrade the Service or
to ensure compliance with these Terms, applicable laws or regulations and you
may therefore not be able to always access Services (or part thereof). The EBU
may, at any time and at its discretion (i) limit your access to certain
features of the Service or (ii) disable your access to the Service (temporarily
or permanently). You release the EBU of any liability that may arise from using
or from not being able to access or use the Service.
INTELLECTUAL
PROPERTY
EBU (and/or our
licensors) shall remain owner(s) of the copyrights, title and/or interest in
each Content that the EBU contributes to the Service.
EBU (and/or its
partners) remains the sole and exclusive owner of all intellectual property
rights, title and/or interest in its name(s), trade name(s), branding, logo(s),
and trademark(s).
The EBU grants
you a non-exclusive, non-transferable, and revocable license to use the Service
in accordance with these Terms. This license does not include a license to
reproduce, modify, or distribute the Service.
Except for the license granted above, you have no
rights, title, and interest (including all intellectual property rights) in and
to any part of the Service. The EBU (and/or our licensors) reserve all rights
in connection with the Service. This means, for example, that the EBU and/or
our licensors remain owners of such intellectual property rights and are free
to use them as the EBU and/or our licensors see fit.
DATA
PROTECTION
All data protection
matters related to the Service are addressed in our Privacy Notice (available
at https://eurovisionsport.com/privacyPolicy), which is incorporated by reference into
these Terms.
YOUR
CONTRIBUTION
To the extent
permitted by the Service, you may be able to interact with the Content on the
Service (including liking, commenting on) (“Contribution”). You must not post
or transmit on or through the Service any material that is unlawful, defamatory
or in violation of these Terms. You grant to (i) EBU a worldwide,
non-exclusive, transferable license (with the right to sub-licence) to use,
reproduce, distribute, modify, display, publish your Contribution; and (ii) to
each User of the Service a worldwide, non-exclusive license to access your Contribution through the Service and to use such Contribution to
the extent permitted under these Terms.
THIRD-PARTY
WEBSITES
For your convenience, the Service may provide links or
pointers to third party sites. We make no representations about any other
websites that may be accessed from the Service. If you choose to access any
such sites, you do so at your own risk. We have no control over the contents of
any such third-party sites and accept no responsibility for such sites or for
any loss or damage that may arise from your use of them. You are subject to any
terms and conditions of such third-party sites.
LIMITATION OF LIABILITY
While the EBU
aims at ensuring that the Service is accurate, up-to-date, and free from bugs,
the EBU cannot warrant that it will be. The Service and the Content are
provided to you on an “as is” and “as available” basis and without warranty of
any kind. Therefore, your access to and use of the Service or any Content is at
your own risk.
To the fullest
extent permitted by law, the EBU accepts no (direct or indirect) liability with
respect to any use of Content nor for any use of the Service. You shall
indemnify and hold harmless the EBU, its members, licensors and/or partners
from and against all claims (including third party claims) related to your use
of the Content or of the Service.
You are
responsible for the technical access to the Service. EBU does not accept any
liability for the network operators and exclude any liability for the hardware
and software required to use the Service. EBU also excludes any liability for
damages caused to you arising from transmission errors, technical defects,
malfunctions, unlawful intrusion in telecommunication systems and networks,
network overload, deliberate blocking of electronic access by third parties,
interruptions, force majeure, or other failure.
NO WARRANTY
Except as expressly
provided herein, the EBU makes no warranty or guaranty of any kind, whether
express, implied, statutory, or otherwise, and the EBU specifically disclaims
all warranties, whether implied, express, or statutory, including any implied
warranty of title, merchantability, fitness for a particular purpose, or
non-infringement, to the maximum extent permitted under applicable law.
NO
WAIVER
The failure of the EBU to exercise or enforce any
of its rights under these Terms shall not be deemed to be a waiver of any
such right and shall not prevent the exercise or enforcement of the right at
any time thereafter.
NO THIRD-PARTY RIGHTS
Save as otherwise provided herein,
no third party shall have any rights under or in connection with these Terms. You
agree that EBU may assign its rights and obligations under these Terms to a
group company or a third party.
SEVERABILITY
The invalidity or unenforceability of any one of
the provisions of these Terms shall not adversely affect the validity or
enforceability of the remaining provisions.
CHANGE TO THESE TERMS
EBU may change
these Terms and/or the Service (or part thereof) at any time. These changes
will be communicated to you with the date upon which such changes shall become
effective. You will be deemed to have accepted such changed Terms the first
time the Service is accessed or used after the communicated effective date of
the changes.
APPLICABLE LAW AND JURISDICTION
These Terms shall
exclusively be governed by and construed in accordance with Swiss law. Any
dispute arising from or in relation to these Terms shall be exclusively settled
by the competent courts of the canton of Geneva, Switzerland. Notwithstanding
the foregoing, you agree that we shall be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.