Terms of Use for daviscup.com (the "Site")
Last updated 11 September 2017
1. Introduction
1.1 The Site is owned and operated by ITF Licensing (UK) Limited ("ITF", "us" or "we") whose registered office address is Bank Lane, Roehampton, London SW15 5XZ, United Kingdom. Our company registration number is 2584446 and our VAT number is GB 726 0793 27. Our email address is itf@itftennis.com, and our telephone number is +44 20 8878 6464.
1.2 These terms of use ("Terms of Use") explain how you may: (i) access and use the Site and the content on it; and (ii) interact with the Site by submitting comments, images, videos or any other type of material to the Site. By using the Site you confirm that you accept these Terms of Use and that you agree to comply with them.
1.3 When we refer to "you" or "your" in these Terms of Use, we mean you, the person accessing or using the Site.
1.4 In these Terms of Use the following rules of interpretation shall apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) references to the singular include the plural and references to one gender include all genders;
(c) a reference to a party includes its successors or permitted assigns;
(d) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(e) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(f) a reference to writing or written includes e-mails.
2. Registration for Services
2.1 You must register an account in order to be able to use certain services available through the Site (the "Services").
2.2 You must select a password as part of the registration process to be able to use the Services. Your password is non-transferable and you must not disclose your password to anyone.
2.3 We have the right to disable your account if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
2.4 If you know or suspect that anyone other than you knows your user identification name, code or password, you must immediately notify us by calling us on +44 20 8878 6464 or by email at itf@itftennis.com.
2.5 You are liable for any use of your account.
2.6 We do not currently charge for the Services, but we reserve the right to charge for the Services at any time and for any reason. We will never charge you for the Services without making it very clear to you when these charges apply, exactly what you’re paying for, obtaining your express consent to these charges and updating these Terms of Use accordingly.
2.7 Please note that certain of the Services are available via the Davis Cup App (the "App"). If you choose to access the Services (or any other services) via the App, your downloading and use of the App will be subject to the App's End User Licence Agreement.
2.8 Please note that if you purchase a subscription to the 'Watch Live' service, the Terms of Watch Live Subscription shall apply to such purchase in addition to these Terms of Use and (if you access the 'Watch Live' service via the App) the App's End User Licence Agreement.
3. Intellectual Property
3.1 All copyright and all other rights (including intellectual property rights) in all text, images, sound, software, service marks, logos and other materials on the pages of the Site (the "Content") are either owned by the ITF and its affiliated companies or are reproduced on the Site with permission of the relevant rights owner.
3.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below at clause 3.3.
3.3 You may read, view, print and download the Content on an individual page of the Site for private and personal non-commercial use only provided that all copyright, trade mark and other proprietary notices contained in the original Content on any copy of that Content is retained, but you may not make more than one copy electronically or otherwise of any of the Content and you may not recopy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.
3.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media to any third party without our prior written consent.
3.5 You acknowledge that "ITF" and "Davis Cup" are trade marks which are owned by the ITF.
3.6 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
3.7 Any communications or materials you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products. In particular, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any content that you upload to the Site in any format, including in our services and products for any purpose including in relation to the promotion of our services and products.
4. Acceptable use
4.1 You must:
(a) not use the Site and/or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site and/or the Services;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Site and/or the Services (to the extent that such use is not licensed by these Terms of Use);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site and/or the Services;
(d) not use the Site and/or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) not use the Site and/or the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Site and/or the Services for use within a third party website or application; and
(f) not collect or harvest any information or data from the Site and/or the Services or our systems or attempt to decipher any transmissions to or from the servers running the Site and/or the Services.
5. Liability
5.1 The Site is only for your general information and is for recreational use. In particular, the Content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions.
5.2 The Content may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness and accuracy of the Content.
5.3 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
5.4 We only supply the Site to you for your domestic and private use. You agree not to use the Site for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.5 Save as set out in clause 5.3 above, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time when you accessed the Site.
6. Data
6.1 In accessing and using the Site and/or the Services, you consent to the collection and use of information about you by the ITF as set out in our privacy policy available here.
7. Advertising
7.1 The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. We will not be responsible for any error or inaccuracy in advertising material.
7.2 If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, not the ITF, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
7.3 The Site may contain links to other websites. The ITF is not responsible for the availability or content of such third party websites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from them.
8. Competitions
8.1 If you take part in any competition which is run in or through the Site, you agree to be bound by the rules of that competition (as stated at that time) and any other rules specified by the ITF from time to time and by the decisions of the ITF, which are final in all matters relating to the competition. The ITF reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the competition rules.
9. Termination
9.1 We may suspend or terminate access to the Site and/or the Services to all users (including you) at any time at our discretion.
9.2 If you breach any of these Terms of Use, we may immediately do any or all of the following (without limitation):
(a) issue a warning to you;
(b) temporarily or permanently remove any content uploaded by you to the Site;
(c) temporarily or permanently withdraw your right to use the Site;
(d) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
(e) take further legal action against you; and/or
(f) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
10. Communication between us
10.1 If you wish to contact us in writing, or if any term in these Terms of Use requires you to give us notice in writing, you can send this to us by e-mail at itf@itftennis.com or by prepaid post to Bank Lane, Roehampton, London SW15 5XZ, United Kingdom. We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 If you have registered for the Services and we have to contact you or give you notice in writing, we will do so using the contact details you provided during the registration process (unless you subsequently notify us with updated details).
11. Changes to these Terms of Use
11.1 We may make changes to these Terms of Use from time to time (if, for example, there is a change in the law that means we need to change these Terms of Use). Please check these Terms of Use regularly to ensure that you understand the Terms of Use that apply at the time that you access and use the Site.
12. Other important terms
12.1 We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.
12.2 If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.3 You have legal rights in relation to services not carried out with reasonable care and skill and goods not of a satisfactory quality. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms of Use will affect these legal rights.
12.4 Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
12.5 These Terms of Use does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.
12.6 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use, including clause 12.7, affects your rights as a consumer to rely on such mandatory provisions of local law.
12.7 Please note that, save as set out in clause 12.6, these Terms of Use are governed by English law. This means that any dispute or claim arising out of or in connection with these Terms of Use will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes between us (both contractual and non-contractual). However: if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland; if you are a resident of Scotland, you may also bring proceedings in Scotland; and if you are a resident of another European Union member state, you may also bring proceedings in the European Union member state in which you are resident.
12.8 If you are a European Union resident, if you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.