These SportsMax App Terms of Use (the "Terms") apply to you and govern your use of the SportsMax website and mobile application (collectively referred to as the "App"). You should read these Terms carefully before using the App.
"We", "us" or "SportsMax" means International Media Content Limited (IMC), a member of the Digicel group of companies. IMC is registered under the laws of St. Lucia and our registered office is at P.O. Box BW400, Baywalk Mall, Rodney Bay, Castries, St Lucia.
References to "we", "our" and "us" in these Terms also include our affiliates from time to time, including our subsidiary SportsMax Limited, a company registered under the laws of Jamaica with registered office at 22 Chalmers Avenue, Kingston 10, St. Andrew, Jamaica ("Affiliates").
"You" means the person accessing or using the App or viewing its Content (and "your" shall have the same meaning).
"Content" means information, audio, radio, podcasts, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or Content.
"Use" or "using" in these Terms means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the App, transmit, receive or exchange data or communicate with the App, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the App, for any purpose whatsoever.
By using the App, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be legally bound by these Terms.
You are also bound by all applicable terms and conditions of your prepaid or postpaid service, plans, bundles, promotions, subscriptions, transactions, and any other terms that apply to your use of the App ("Additional Terms"). Additional Terms are posted in the App and on Digicel websites. If any provision of these Terms conflicts with any term in any Additional Terms, the Additional Terms prevail.
If you do not agree to or accept any of these Terms, or if you are under the age of eighteen (18) and using the website without parental supervision, you should stop using the App immediately.
You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms and therefor in related legal provisions due to any reason whatsoever.
1. DESCRIPTION OF SPORTSMAX
1.1. SportsMax is a provider of sports and entertainment cable channels, a broadcaster and a Content provider of local, regional and international sporting Content. We operate this App to provide you with online access to this sporting Content.
1.1. To access the App, you must have internet access and may be required to register with the App using a Digicel ID to access certain Content, which may be restricted.
1.2. This App is intended for use by those who can access it from within countries in which we or our Affiliates have a business, company or commercial presence (the "Territory"). If you choose to access the App from a location outside of the Territory, you are responsible for compliance with local laws where they are applicable.
1.3. You accept that whether or not you are located within the Territory, the App or certain Content on the App may not be available in your country or in your preferred language and that Content available in your current location may become unavailable to you if you travel to another location in which Content is restricted.
1.4. We reserve the right to modify, suspend, remove or disable access to the App and any Content or other materials that are offered on the App at any time, without notice.
Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal or discontinuance of the App.
2. RIGHTS, OBLIGATIONS, AND USE OF THE APP
2.1. You shall be solely responsible for all necessary equipment, associated fees and costs incurred by you for connectivity and data usage in relation to your use of the App. 2.2. The App and all its Content are available only for your personal and non-commercial use.
2.3. If you register to use the App, you are responsible for maintaining the confidentiality and security of your account identification and password information, and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if the confidentiality of your username or password is compromised.
2.4. You agree to not : a) use any device or software to interfere or attempt to interfere with the proper working of the App, including but not limited to disrupting or intercepting it; b) use any robot, spider, other electronic device, automatic, or manual process besides the sharing capabilities available on the App, to hack, monitor or copy the App or any Content published on it; c) use the App in any way that may cause harm to it or have a detrimental impact on our users' experience; or d) use the App in any other way that is inconsistent with these Terms.
2.5. When communicating with our customer care agents, you agree not to use any defamatory, threatening, obscene, or harmful language or language which would violate or infringe, in any way, the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive or discriminatory.
2.6. You have the right to terminate or cancel your subscription to the App at any time by submitting your request for termination through the means provided on the App.
2.7. By using the App, you may encounter Content that may be considered aggressive, indecent or offensive, which may or may not specifically be identified as having explicit material. Therefore, you agree to use the App at your own discretion and risk.
2.8. We have the right to immediately prevent you from accessing the App, terminate or suspend your account or otherwise limit or restrict your use of our services if we determine, in our sole discretion, that you have provided incomplete or incorrect registration information, breached these Terms or any Additional Terms on the App or have otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.
2.9. We may limit the number of times you can visit or log in to the App within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the App, or any portion thereof, at any time, without notice.
2.10. You may use the App to securely purchase subscriptions, or be redirected to the Google Play Store or the Apple Store.
2.11. You agree to provide correct and complete debit or credit card information to purchase any subscription and to never use another person's credit or debit card or personal data without their express permission.
2.12. We do not warrant that all information and Content on the App regarding subscriptions, promotions and other information are accurate, complete, or current. Despite our efforts, items on the App may be mispriced and promotion and subscription descriptions may be inaccurate. We reserve the right to correct any errors, inaccuracies or omissions on the App, to revoke any offer, to cancel your subscription, and to take any other actions we deem reasonable or necessary to rectify an error, regardless of whether charges have been applied to your account or credit card. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
2.13. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
2.14. Our privacy notice is available at [link].
3. PROHIBITED USE
You agree not to:
(a) use the App or its Content for any purpose that is unlawful or prohibited by these Terms of Use;
(b) resell any aspect of the App, or subscriptions or services available on it;
(c) bypass or circumvent measures we may use to prevent, interfere, or limit access to the App or any Digicel network;
(d) use the App to send altered, deceptive or false source-identifying information;
(e) use the App to intercept, collect or store personal information about other users;
(f) spam other users or take other actions that may affect the operation or enjoyment of the App by other users;
(g) access, monitor or copy any Content or information on the App using any robot, spider, scraper or other automated means or any manual process;
(h) decompile, disassemble or reverse engineer any of the software or Content used in any part of the App or any Digicel network;
(i) send a virus or use any malicious programs or techniques in connection with the App;
(j) overload or crash the App or any Digicel server or network;
(k) engage in excessively high-volume data transfers or bandwidth use, including, without limitation, by hosting a web server, internet relay chat server or any other server via any use of the App; or
(l) infringe the copyrights or intellectual property rights of others.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The App contains Content belonging to us, our Affiliates, licensors or assignors.
4.2. The App and its Content are protected by copyright, trademark, patent, trade secret and other laws and we own and retain all rights in the Content and the App. We hereby grant you a limited, revocable, non-sublicensable, non-transferable right to use the App and view the Content. Nothing in these Terms grants you any legal rights in the App other than is necessary to enable you to use the App and view its Content.
4.3. Except as provided in this Agreement or as explicitly allowed in any additional Terms on any applicable service, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise engage in unauthorized use of any Content contained in or through the App.
4.4. Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.
4.5. You shall not, either directly or through the use of any device, software, internet App, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the App or any digital rights management mechanism, device, or other Content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.
4.6. Except as necessary in order to make reference to SportsMax in a purely descriptive capacity, you are expressly prohibited from using any Content in any manner. You may not, without our written permission, "mirror" any Content contained on the App.
4.7. If you become aware of any unauthorized use, distribution or commercial exploitation of any Content on the App, you agree to notify us immediately.
5. SUBMISSIONS
5.1. The App may have features that let you submit Content or communicate with us, other users, and the general public, such as email, posting comments, reviews or ratings, participating in customer service or other chats or forums, and uploading files.
5.2. Any questions, comments, and other Content you submit via the App are referred to here as "Submissions".
5.3. You agree to only post, upload, submit, or request Submissions that are appropriate and related to the purpose of the App and you represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms.
5.4. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part ("Images"), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image.
5.5. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users.
5.6. You must not post, upload, submit or request any Content that:
(a) is unlawful, defamatory, obscene, for adults only, pornographic, indecent, lewd, suggestive, harassing, threatening, intimidating, abusive, inflammatory, disturbing or fraudulent; (b) contains any private or personal information of a third party without such third party's consent or other lawful bases, or which may damage any third party's private life, personality or rights;
(c) is discriminatory in any way, including based on gender, religion, race, skin colour, language, sexuality, ethnicity, class, or disability;
(d) contains drug use or substance misuse;
(e) contains or is related to self-injury (self-inflicted cutting, suicide related content, etc.);
(f) includes the Likeness of a minor without permission from that minor's parent or guardian;
(g) would constitute, encourage, or provide instructions for a criminal offense, violation of the rights of any third party or otherwise create liability or violate any local, state, national or international law;
(h) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
(i) impersonates, or misrepresents your affiliation with, any person or entity;
(j) contains any promotions, political campaigning, advertising, commercial content or solicitations which are illegal or contrary to general ethics and the order of society; (k) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
(l) may be subject to any legal, administrative, or penal proceeding, sanction or demands; or
(m) is, in our judgment, harmful, objectionable, contrary to general ethics and the order of society, or restricts or inhibits any other person from using or enjoying the App, or that may expose us or others to any harm or liability of any type.
5.7. For any Submission you post, upload, submit or request via the App, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your Submission for commercial purposes throughout the world in any media now known or later developed; and (ii) publish the name that you submit in connection with your Submission, in our sole discretion.
5.8. You agree that you have no recourse against us for anyone's infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any "moral rights" in your Submissions.
5.9. You irrevocably agree that we can pursue claims against anyone who violates our rights in the Submissions.
5.10. You acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others.
5.11. No compensation will be paid with respect to the use of your Submission as provided in these Terms.
5.12. By submitting your email address in connection with your Submission, you agree that we, and our third-party service providers, may use your email address to contact you about the status of your review and other administrative purposes.
5.13. If you are under the age of 18, we will honour your request to remove any Submission you previously posted, uploaded, or submitted on the App.
6. HYPERLINKS AND THIRD-PARTY SITES AND APPS
6.1. We may enable access to our other services, websites and Apps as well as third-party services, websites and apps. You access these at your own discretion and risk. We are not liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any Content, goods or services available on or through any such services, websites or apps.
6.2. The display of any hyperlink and reference to any third-party service, site or app does not mean that we endorse that third party's products, services, website or app.
6.3. Your use of a third-party app may be governed by the terms and conditions of that third-party app. We strongly advise you to read the terms and conditions and privacy policies of any third-party services, websites or apps that you visit.
6.4. We do not control and are not responsible or liable for any privacy practices, policies, Content, advertising, products or services on, associated with, or available from such third-party websites or apps, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with your use of or reliance on any Content, advertising, products or services available on or available from such third-party websites or apps.
6.5. Any dealings between you and any advertisers or third-party merchants found on or via the App, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
7. INDEMNIFICATION AND WAIVER
7.1. You agree to hold harmless, and fully indemnify, us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents and customers that display their marks in conjunction with us, from any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorney's fees, brought by third parties as a result of your use, misuse, or inability to use the App, the services, or the Content, any Submission made by you, or any violation by you of these Terms.
7.2. You agree to refrain from taking any action or issuing any claim against us and our Affiliates, directors, shareholders, employees, or agents with respect to our use of the App or any action undertaken by us in which we have removed any information or Content, or taken any other action during the investigation of a suspected violation.
8. WARRANTY AND LIMITATION OF LIABILITY
8.1. The App is provided "as is" and without warranty or covenants of any kind, whether express, implied or statutory, as to any Content or information included on, downloadable from, or otherwise accessible via the App, or any subscriptions available for purchase via the App, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability and non-infringement.
8.2. We do not guarantee, represent or warrant that your access to the App will be uninterrupted, error-free, free from unauthorized access, or operable at all times or during any down time (a) caused by outages to any public internet backbones, networks or servers; (b) caused by any failures of your application, equipment, systems or local access services; (c) for previously scheduled maintenance; or (d) relating to events beyond our control including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located.
8.3. We cannot and do not guarantee or warrant that files available for downloading through the App will be free of infection by software viruses or other harmful computer code, files or programs.
8.4. We do not authorize anyone to make any warranty of any kind on our behalf and in no event shall we, our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of: (a) the use of or unavailability of the App; (b) any action taken in reliance on, or response to, any Content or information published on the App; (c) any transaction facilitated by or conducted via the App, (d) any claim attributable to errors, omissions or any inaccuracy in the Content; (e) any unauthorized access to or use of your account or alteration of your data or (f) any other matter in connection with the App, however caused, even if we have been advised of the possibility of such damages.
8.5. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.
9. MODIFICATIONS TO THE TERMS
9.1. We reserve the right to revise these Terms, at any time and from time to time, for any reason in our sole discretion by posting an updated SportsMax App Terms of Use without advance notice to you. We shall post or display notices of material changes on the App's homepage and/or otherwise on the App and/or e-mail you or notify you upon login about these changes; the form of such notice is at our sole discretion. Once we post them on the App, these changes become effective immediately and, if you use the App after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the Terms, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
9.2. We reserve the right to change the prices and rates for our services, and when doing so we shall provide you with reasonable notice, of at least 7 days prior to such change, on the App or through such communication as we consider appropriate. If any of the changes made are deemed unacceptable to you, you may unsubscribe or stop using the App immediately.
10. DISPUTE RESOLUTION AND OTHER TERMS
10.1. These Terms, your use of this App and any other website of ours are governed by the laws of St. Lucia and both you and us hereby submit to the non-exclusive jurisdiction of the courts of St. Lucia.
10.2. Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of the App, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which, will be finally resolved by the competent judicial authorities established in St. Lucia
10.3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10.4. If any of these Terms is determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
10.5. Notices may be sent to the e-mail address or telephone number you provide us with in the case of notices sent by us and to the relevant e-mail address as set out on this App in the case of notices sent by you. Notices shall be deemed to have been delivered at the confirmed time of sending.
10.6. Our failure to enforce strict performance of any part of these Terms does not waive any of our rights.
10.7. We may assign our rights and obligations under these Terms to any of our affiliates at any time.
11. CUSTOMER SUPPORT
For customer support, to report a problem or to send us your feedback, please contact us through the customer support chat feature or visit the "Contact Us" option on the App.
