These SportsMax General Terms and Conditions 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” or “us” means International Media Content Limited, a company registered under the laws of St. Lucia and the registered office of which is at PO Box BW400, Baywalk Mall, Rodney Bay Castries, St Lucia, including our subsidiary SportsMax Limited, a company registered under the laws of Jamaica and the registered office of which is at 22 Chalmers Avenue, Kingston 10, Jamaica.
References to “we”, “our” and “us” in these Terms also includes our subsidiaries and affiliates (“Affiliates”) from time to time.
“You” means the person accessing or using the App or viewing its Content (and “your” shall have the same meaning).
By accessing or using the App, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be bound by these Terms.
If you do not agree to or accept any of these Terms, you should stop using this 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 sports channel, broadcaster and content provider of local, regional and international sporting content.
1.2. To access the App, you must have internet access and register with the App.
1.3. You accept that certain content on the App may not be available in your country or in your preferred language due to contractual licensing restrictions. Please note 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 associated fees and costs incurred by you for connectivity and data usage in relation to your use of the App.
2.2. All content available on the App, including but not limited to images, software, text, videos and audio or other multimedia content in digital format or other material or information submitted to or on the App, are available only for your personal and non-commercial use.
2.3. 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.
2.4. You have the right to terminate or cancel your subscription to the App at any time by submitting your request for cancellation through the means as provided on the App.
2.5. Our payment and subscription management service provider Cleeng B.V. ("Cleeng") manages access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Cleeng will act as the merchant of record on our request. The services provided by Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated, please refer to https://cleeng.com/cleeng-user-agreement.
2.6. Our partner Maestro Interactive ("Maestro") manages the streaming platform on the App, which allows customers to view and comment on live content. The services of Maestro are subject to the terms and conditions of Maestro, which are hereby incorporated, please refer to https://www.info.maestro.io/terms-of-service.
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. 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.
2.9. Our privacy notice is available at https://www.sportsmax.tv/index.php/privacy.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The App may contain information, 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 (collectively, “Content”) of us, our Affiliates and our licensors and assignors.
3.2. 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 access 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 access the App and its Content.
3.3. Except as provided in this Agreement or as explicitly allowed in any additional Terms on any applicable SportsMax 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 use any Content contained in or through the App.
3.4. 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.
3.5. You may 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. 3.6. 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. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
4.1. If you post or submit any content on the App, you represent to us that you have all the necessary legal rights to post or submit such content and it will not violate any law or the rights of any person.
4.2. You shall not distribute or otherwise publish on the App, any defamatory, obscene, pornographic, abusive, or otherwise illegal material.
4.3. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status and you agree not to provide material and misleading information knowingly and with intent to defraud.
4.4. You shall not distribute or otherwise publish, on the App, any malware, viruses, spyware, or other malicious software or files to the App.
4.5. You shall not use automated means to distribute or otherwise publish any content on the App or use any means to cause annoyance or disturbance to any person through or on the App.
4.6. You agree that you will not threaten or verbally abuse any person, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
4.7. You agree not to use language that personally attacks any person, or abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the App.
4.8. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
4.9. You acknowledge that any submissions you make to the App or on associated social media pages (i.e., user-generated content including but not limited to: comments, forum messages, reviews, and text) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by us and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
4.10. You grant us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for us, or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or later developed, any Submission posted by you on or to the App or any other website owned by us, including any Submission posted on or to the App through a third party.
4.11. You are solely responsible for the content of your Submissions. However, while we do not and cannot review every Submission and are not responsible for the content of any Submission, whether on the App or on associated social media pages, we reserve the right to delete, move, or edit Submissions that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable.
4.12. By making a Submission, you are consenting to its display and publication on the App and for related online and offline promotional uses.
5. WAIVER OF COMPENSATION
5.1. You agree to fully indemnify us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents and customers that display their marks in conjunction with us, in respect of any damage or loss suffered by you, including legal costs and attorneys' fees, which arise from your misconduct or any violation of these Terms on your part.
5.2. 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.
6. WARRANTY AND LIMITATION OF LIABILITY
6.1. The App is provided “as is” and without warranty or condition. We do not guarantee, represent or warrant that your access to the App will be uninterrupted, error-free 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.
6.2. 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 published on the App; (c) any claim attributable to errors, omissions or any inaccuracy in the content; or (d) any other matter in connection with the App, however caused, even if we have been advised of the possibility of such damages.
7. HYPERLINKS AND THIRD PARTY APPS
7.1. We may enable access to our other services, sites and apps as well as third party services, sites and apps. You access these at your own discretion and risk. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such services, sites or apps.
7.2. The display of any hyperlink and reference to any third party services, site or app does not mean that we endorse that third party’s app, site, products or services. 7.3. 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 web apps or services that you visit.
8. CUSTOMER SUPPORT
For customer support, or to report a problem or send us your feedback, please contact us through the customer support chat feature on the MyDigicel Application or visit the “Contact Us” option on the App.
9. MODIFICATIONS TO THE TERMS
We reserve the right to make changes to these Terms from time to time. Our updated Terms will be displayed on our App and by continuing to access or use the App following the changes, you agree to be bound by any changes made by us. Please check frequently to see if we have updated them.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
10.2. These Terms shall be governed by and construed in accordance with the laws of St. Lucia. Any dispute or claim relating to or in connection with the execution or enforcement of these conditions or use of the App, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which will be exclusive and finally resolved by the competent judicial authorities established in St. Lucia.
