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----------------------------------------- SECTION ONE: GENERAL TERMS OF SERVICE USE ----------------------------------------- 1. DESCRIPTION OF SERVICE SPORTFIVE provides streamed videos or video downloads via the Internet platform (www.videosport.com). This service is constantly being developed and will be subject to improvements. 2. TERMS OF USE These general terms of use (hereafter referred to as "Terms of Use") determine the terms for using the services provided by SPORTFIVE, independently of any other services provided by SPORTFIVE on the rest of its site (www.videosport.com). SPORTFIVE reserves the right to change these general Terms of Use at any time. Please consult this URL regularly for information regarding any possible changes. SPORTFIVE reserves the right to change the connection address or to extend it with any address of its choosing. These Terms of Use are in addition to the legal clauses that apply to all Internet users. These broadcasts are for strictly non-commercial use only. The exhibition of videos without proper commercial subscription, subjects the violator to statutory penalties under 47 U.S.C. Sections 553/605. Commercial use of residential feeds could result in fines up to $100,000 per violation. 3. MINIMUM CONFIGURATION REQUIREMENT High speed Internet connection required: Cable, ADSL, Company Network (minimum reception speed of 512 kbit/s). Hardware configuration required: - PC with 600 MHz Pentium III processor or higher with 128 Mb of RAM or higher - Your computer must be able to display a screen resolution of 800 by 600 pixels with 65536 colors. - A 16-bit sound card or higher and a video card displaying 16 million colors or more. - Software requirements: - Operating system: Microsoft Windows (98 second edition, 2000, Millennium Edition, XP or NT4), - Browser: Internet explorer 5 or higher with Flash 6 plug-in installed. Your browser must be set to accept cookies and JavaScript must be enabled. - Windows Media Player 9 or more recent must also be installed. 4. ACCEPTING THE TERMS OF USE OF THE SERVICE By subscribing to this service, you accept these Terms of Use. By ticking the box "I have read and I accept the Terms of Use of the service", you accept the Terms of Use of the service provided by SPORTFIVE and its partners. You thereby declare and acknowledge to have read the Terms of Use. You are solely responsible for the use of your client account; and any connection or data transmitted when using this service will be considered to have been carried out by yourself and solely under your supervision. It is also stipulated that that you are entirely and solely responsible for this use, be this your own use or any third party use. If you do not adhere to the Terms of Use of the service, SPORTFIVE reserves the right to block your access to the service. 5. REGISTRATION / LOGGING ON - Any users wishing to subscribe to this service must first register. If you have not already registered for the service on the SPORTFIVE site and/or on one of its partner sites and/or any other site authorized by SPORTFIVE you must complete a registration form comprising obligatory fields. By doing so, you agree to provide SPORTFIVE with your correct, up to date and complete personal information. You also agree to check and update your personal information if required. If the information you provide is incorrect or false or SPORTFIVE has serious grounds for thinking that these details are incorrect or false, SPORTFIVE will find itself forced to suspend or terminate your account and also to block your access to the service. - You must then choose a username and a password to subscribe to this service. You will then be able to subscribe to one of the service packages on offer. Once you have subscribed, you will thereafter have to log in every time you wish to access the service. You are responsible for keeping your password confidential. You are therefore responsible for all operations carried out with your password. You agree to inform SPORTFIVE of any unauthorized use of your password or of your account. 6. TERMS OF ACCESS TO THE SERVICE Access to this service is restricted to adults. If you are a minor wishing to use this service, you declare and acknowledge that a person or persons with parental responsibility for you have granted their approval for you to use this service and that this person or these persons have agreed to act as guarantors of your adherence to all of the clauses of these Terms of Use and to any specific terms associated with this service if required. This person or those persons with parental responsibility for you are fully responsible for your use of the service. --------------------------------------------- SECTION TWO: GENERAL TERMS OF SALE OF SERVICE --------------------------------------------- 1. SCOPE - 1.1. Acceptance of Terms of Sale These General Terms of sale apply to services provided on the site used by SPORTFIVE. By purchasing the service online, you declare that you will use the services provided by SPORTFIVE in accordance with applicable law and the following General Terms. Sale offers and contractual information are displayed online in the French language. The main information relating to your purchase is summarized for you and displayed for you again at the time of validation of your online payment. Your order can only be processed if these General Terms of Sale are fully accepted with no reservations. - 1.2. Order Validation By clicking the "validate" button located on service payment screen, after following the necessary instructions, you approve the commencement of the service provision. SPORTFIVE records the date of the click which is by mutual agreement the date of the conclusion of the contract between you and SPORTFIVE. You are reminded that your "double click" action to confirm your purchase is an electronic signature that carries the same validity between the parties as a handwritten signature. The data recorded by SPORTFIVE is proof of all of the transactions carried out between SPORTFIVE and its customers. Data recorded by the payment system is considered as proof of the financial transactions. Subscription is thereby finalized, and you will thereafter have no right to retract from the transaction and no right to claim any refund of any kind. 2. TERMS AND CONDITIONS OF PAYMENT - 2.1 Terms - 2.1.1 Price The prices of the service are expressed in Euros (EUR) or US Dollars (USD) and include all taxes. Any change to the rate of V.A.T applied by law will be reflected in the price of the service as of the effective date given by the implementing decree. All purchases, irrespective of their origin, are payable in Euros or US Dollars. This service is always invoiced according to prices applicable when orders are placed. - 2.1.2 Pricing changes Pricing changes may occur at any time, and users of the site will be informed of any such changes 15 (fifteen) days before they take effect. These changes may under no circumstances apply to persons who registered and subscribed to a service on the site before the date on which these price changes came into effect. - 2.2. Means of payment The services offered by SPORTFIVE on its own portal or on any portals of its partners may be paid for by bankcard or through the Paypal and Bibit sites. Please refer to the following links for their general terms of use: - Paypal general terms of Sale - Bibit general terms of Sale. You agree to pay the full price for the purchased product and related costs including taxes. Payment for the service is your sole responsibility. - 2.2.1. Payment by Bankcard Any person may subscribe to this service using a Visa, MasterCard or Carte Bleue. When paying by bankcard, you must enter your card number, expiration date and the visual cryptogram on the reverse of your card. Once one of the officially accredited bodies has authorized your bankcard payment, your bank account will be debited immediately and you will then instantly have access to the Service. Consequently, according to the provisions of article 121-2-2 of the French Consumer Code, you have no right thereafter to retract from the purchase. An electronic mail message providing details of your purchase and your financial transaction will be sent to the e-mail address that you will have previously supplied in your registration form, providing this is a valid address. Once you have received the subscription confirmation message you can then request an invoice by clicking on the link provided for that purpose. You guarantee SPORTFIVE that you are the owner of the bankcard used and that you have all the required permission for using this payment means. - 2.2.2 Secure bankcard payments We would like to remind customers that bankcard payments are processed via a secure payment system. We have adopted the SSL encryption procedure that enables the encryption of all personal details required for placing orders. To pay for the service by bankcard you must enter your card number and valid from date. Data entered on the payment screen is instantly encrypted in your computer before being sent onto the network. The information that you supplied is then forwarded securely to the payment system that records the financial operation. 3. SUBSCRIPTIONS - PASS LIVE By bankcard payment you can subscribe to the "PASS LIVE" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to one event Live. - PASS VOD By bankcard payment you can subscribe to the "PASS VOD" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to one event deferred. - PASS HIGHLIGHTS By bankcard payment you can subscribe to the "PASS HIGHLIGHTS" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to all the available highlights. - PASS ALL ACCESS By bankcard payment you can subscribe to the "PASS ALL ACCESS" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to all the available events and highlights. - Specific Terms SPORTFIVE reserves the right to terminate the service to which you have subscribed with no right of recourse given and all refund claims prohibited: - In the event of failure on your part to fulfill your obligations as described in these Terms, - If you use the site in a way that causes loss to SPORTFIVE or Third Parties. In these cases money paid for your subscription is lost and all claims for refunds prohibited. - Description of the Services Subscription to the site will give you access to the following services: - Videos of full events or video highlights of events; - Event summaries, (10 minutes highlights of events, produced by SPORTFIVE); - Access to the video archives of events that have been on the site more than 7 days; 4. CONDUCT In general terms, you agree to conduct your account in adherence with applicable French law. You acknowledge your ability to lawfully fulfill all contractual obligations when using the service. SPORTFIVE will under no circumstances be liable for your inability to fulfill your obligations. You agree not to use the site provided by SPORTFIVE, or the partners of SPORTFIVE, in a way that is not expressly authorized by SPORTFIVE and/or which may cause loss to SPORTFIVE. Subscription to the packages provided by SPORTFIVE and use of the service does not give the user any specific rights relating to copyright, trade and service marks, know-how, or intellectual or industrial property, in respect of the service, or the Partners ("The Rights"). You agree not to use the trademarks and not to violate these Rights in any way. All the content provided by SPORTFIVE or its partners in respect of the service is protected by industrial and intellectual property rights held by SPORTFIVE or its Partners. You are not authorized to change, copy, reproduce, republish, download, post, transmit, sell or distribute said content in any way whatsoever, and this includes coding and software, unless prior authorization is expressly given. You agree not to use this service in such a way as to cause interruption or damage to part or the entire service by rendering it less efficient or altering it in any way whatsoever. 5. COMPLAINTS All questions or requests for information about services offered should be addressed to SPORTFIVE by electronic message in the heading "My Account" - "Help". SPORTFIVE agrees to reply as soon as possible to these questions or requests for information. For all disputes over commercial transactions made and for providing proof of sums due, including the value of the subscription agreed in particular, you should forward your complaint by electronic message to SPORTFIVE in the heading "My Account" - "Help" within 70 days of the date of the disputed operation. Once submitted, your request will be assessed by SPORTFIVE who will do its utmost to resolve the matter as soon as possible and in the most appropriate way. Any financial dispute should be submitted in writing and forwarded by standard post to SPORTFIVE and must include the following elements: - The type of service at issue - The reason for your claim - Your user name and electronic address that you provided when completing the registration form - You full personal details (first name, surname, address, telephone number) - The date of the order - The order reference number and the bank transaction reference number provided in the transaction confirmation email. If one of the aforementioned elements is not provided, your request will not be processed You must also provide any evidence required in support of your request. If your complaint is adjudged valid and well founded, and due to a technical fault caused by SPORTFIVE, SPORTFIVE will be happy to provide compensation or a refund, extend access to the service or provide access to other services of an equivalent value. 6. RESPONSIBILITIES SPORTFIVE will do its utmost to keep its services operational. However, this is not a full obligation, but an obligation to use its best endeavors to keeps its services operational and SPORTFIVE does not guarantee to provide an uninterrupted and/or continuous service, particularly as a result of and in a non-limiting way of Force Majeure or accidental events as defined in regulations in force. Events considered as Force Majeure include exceptionally bad weather, natural disasters, fires, floods, lightening, terrorist attacks, breakdown or congestion of telecommunication networks, damages caused by computer viruses that cannot be eradicated using security means on the market at the time of the infection, in addition to all regulatory or legal obligations or public order obligations imposed by competent authorities whose effect will be to substantially change these Terms of Use, or any other Force Majeure event or accidental situation pursuant to Article 1148 of the French Civil Code. If SPORTFIVE is deemed responsible for a breach of its obligations in respect of these Terms of Use, compensation will apply only to direct, personal and certain damage, and it is expressly stated that no compensation shall be awarded for indirect or intangible losses and/or damage, such as a financial loss, commercial loss, operating profit or turnover losses and data losses. Signing up to this service implies acknowledgement and acceptance of the features and limits of the internet especially relating to technical performance and response times for browsing, querying or transferring information and to the possible lack of protection against corruption of some data and the threat of viral contamination via the network. SPORTFIVE cannot be held responsible for the poor functioning of the services relating to a specific browser. SPORTFIVE cannot be held responsible for poor signal reception following changes made to connection configurations of your company, internet service provider, or your personal connection configuration. If using a proxy (especially company networks in particular) it is possible that the connection to the throughput will not be established. In this case we advise you to un-install it. SPORTFIVE does not guarantee the uninterrupted operation of the site and/or service and cannot guarantee that it is completely free of computer errors. SPORTFIVE agrees however to implement, by employing its best endeavors, any measures to correct the possibly detected faults. SPORTFIVE may not be held liable for registration information not being received for any reason whatsoever for which it cannot be held responsible (for example an internet connection problem due to any reason whatsoever at the user's end, a temporary fault with our servers for any reason whatsoever, etc), and may not be held liable for registration information which comes to SPORTFIVE in an unreadable form or in a unprocessable form (e.g. if the user has an inadequate hardware or software environment when registering for the service, etc). SPORTFIVE shall do its utmost, and use its best endeavors, to insure the secure transfer of banking data. SPORTFIVE will not be held responsible if secure transfer of your bank data should fail. 7. LEGAL INFORMATION SPORTFIVE is a French limited company with a capital of 10,459,357.12 euros registered on the Nanterre Trade and Companies register, registration number 873803456, whose head office is located at 70/72 Rue du Gouverneur General Eboue Issy les Moulineaux, 92130, France, SPORTFIVE profits from internet content. This provision of content requires in particular collection of personal information from its users. User information collected is reserved for service usage and may only be forwarded to the following recipients: - SPORTFIVE and its subsidiaries throughout the world (in order to provide this Service effectively) - SPORTFIVE - Any other company, business involved in the service In conformity with Article 39 and subsequent Articles of the "French Data Protection Act" Law number 78-17 dated 6th January 1978 in relation to computers, computer files and freedoms, any person may obtain information and if required have amended or removed any information relating to them, by writing to the company SPORTFIVE or in particular by writing an electronic message in the heading "My Account" - "Help". SPORTFIVE and its partners agree to take all necessary steps to keep this information secure. 8. RIGHT OF ACCESS AND AMENDMENT In conformity with the French Law of 6th January 1978, the processing of personal data relating to users of the site is subject to a declaration to the French National Data Protection Commission (CNIL). This data is however likely to be transferred or communicated by SPORTFIVE or to third party companies, in particular to allow users to access the site. You have the right to access, dispute, change, correct and remove data relating to yourself, you may exercise your right by writing an electronic message in the heading "My Account" - "Help". 9. INTELLECTUAL PROPERTY All texts, comments, works, illustrations and images, marks, logos and distinctive signs used on the SPORTFIVE sites are protected by French and global Intellectual Property Rights. In conformity with the provisions of the French Intellectual Property Code, use of the service is only authorized for private use and excludes any other exploitation, notwithstanding other more restrictive provisions of the French Intellectual Property Code. Any other use, without prior authorization form SPORTFIVE and/or other rights holders constitutes infringement and is sanctioned in the French Intellectual Property Code. All partial or total reproductions of the SPORTFIVE site by a user are strictly prohibited. 10. PROTECTIVE MEASURES In response to actions causing serious harm to the smooth running of the service, or to your failure to comply with the Terms of Use of the service, SPORTFIVE may, of its own volition, and without warning, immediately suspend your access to the service and, if required, terminate your subscription. It is expressly stipulated that application of the aforementioned measures by SPORTFIVE may not give way to any compensation paid in your favor. SPORTFIVE also reserves the right to use any recourse and to initiate all necessary legal proceedings against any person believed to have defrauded or hindered the operations or to have violated the rules set out in these Terms, or against any person believed to have attempted to do so. 11. APPLICABLE LAW These Terms of Use are governed by French Law.
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