Terms and Conditions

IMG Sport Video Archive TERMS OF USE

Welcome to www.imgsportvideoarchive.com (also referred to in these Terms of Use as “this site”). This site is owned by IMG Media Ltd (referred to in these Terms of Use as “IMG”). PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

By accessing and using this site, you confirm your agreement to these Terms of Use (“Site Terms”) and the Privacy Policy. Should you not agree to or do not want to be bound by these Site Terms, you are no longer authorized to use this site and should exit this site. IMG reserves the right, at our discretion, to amend the Site Terms, and to change, add, remove, or otherwise modify any aspect, content or feature 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.

By accepting the Site Terms, you represent and warrant to IMG that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Site Terms. You also represent and warrant to IMG that you will use this site in a manner consistent with any and all applicable laws and regulations.

These Site Terms apply only to your use of this site, and do not alter in any way the terms or conditions of any other agreement you may have with IMG, its subsidiaries or affiliated Federations.

PRIVACY POLICY

IMG is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE SITE AND ITS CONTENTS

This Site is owned by IMG. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, and the selection and arrangement thereof ("IMG Content"), is the property of, or licensed to, IMG or is the property of IMG’s content suppliers or licensors.

IMG’s marks indicated on the site are registered trademarks of IMG. All other marks that are not owned by IMG that appear on this site, such as those of IMG’s clients, are the property of their respective owners, which may or may not be affiliated with or connected to IMG. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of IMG or the owner of such marks.

USE OF THE SITE

This Site and the IMG Content are intended for customers and potential customers of IMG to preview, collate and purchase video archive content only. You are strictly prohibited from downloading, copying or re-transmitting any or all of the Site or the IMG Content without, a written licence or agreement with IMG and/or using the Site or the IMG Content other than for its intended purpose. All media made available on this site is strictly intended only for use within the site, including your managed account and workspaces. You represent and warrant that you will comply with all applicable laws and regulations, including but not limited to copyright and trademark laws.

Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without IMG’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

INTERACTIVE USE

This site includes content storing capabilities, ‘workspaces’ in which you and other users can gather and store IMG owned and/or managed content for planning purposes. Your use of this area of the site is at your own risk. If you select the ‘public’ option for your workspace, you agree that other users may use your collected content for their own use.

COPYRIGHT INFRINGEMENT POLICY

IMG will terminate, in appropriate circumstances and at IMG’s sole discretion, account holders who infringe the intellectual property rights of IMG, IMG’s clients or any third party.

LINKS

You should be aware that by clicking on links found on this site, you could be directed to other websites that are beyond our control. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by IMG sponsors, IMG clients, IMG events, IMG affiliates and IMG content partners (among others) that may or may not use our logo. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

IMG makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, IMG cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.

Registration Data and Account Security

In consideration of your use of the Site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site.

You are responsible for maintaining the confidentiality (as applicable) of account information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify IMG immediately of any unauthorized use of your account or password, or any other breach of security.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold IMG and IMG’s affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party 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 defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Site Terms, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This site offers a search feature to provide efficiency to the user. IMG 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.

IMG explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. IMG cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. IMG does not endorse any of the merchandise (if any) except as expressly provided, nor has IMG taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. IMG does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. IMG strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

JURISDICTION

You 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 terms shall be subject to the exclusive jurisdiction of the courts of England (subject to appeal) and, by accepting the Site Terms you accept jurisdiction of such courts for such purposes. Any claim under these Site Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, you fail to comply with any term of these Site Terms. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Site Terms or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of the Site Terms or otherwise.

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Site Terms must be in writing and signed by IMG in order to be effective. Any rights not expressly granted herein are reserved.

QUESTIONS AND CONTACT INFORMATION

Questions or comments about the Site or Site Terms may be directed to IMG Sport Video Archive at Sportvideoarchive@img.com or +44 (0)208 233 6510.