Terms and Conditions for the use of the services on www.videosport.com
1. Scope; changes in the Terms and Conditions
1.1 These "Terms and Conditions" apply to the use of free and paid services that you (hereinafter "user") can subscribe or use on www.videosport.com. These services are provided by the firm SPORTFIVE International S.A. as your contractor with headquarter in Geneva (Switzerland) (hereinafter "SPORTFIVE" referred)1.2 Deviating conditions do not apply. Additional agreements or divergences of the following conditions are only effective in principle through written agreements only, also by e-mail. Changes to the Terms and Conditions on SPORTFIVE's side, which are without any economic disadvantages for the user (e.g. changes in the registration process, adjustments to the Terms and Conditions in compliance with modified or new services or functions) are adopted by the user and effectively agreed, if he is not explicitly contradicting the amendments within four weeks after receipt of the amended Terms and Conditions in writing, also by e-mail. The user is obliged to always keep his e-mail address up to date (see 2.1).
2. Orders; contracts
2.1 Using some of the services of the website www.videosport.com requires an additional order of the individual user, which must be approved by SPORTFIVE.2.2 To perform the order the user has to pay an amount for the goods ordered.
2.3 The order of the user is considered as an offer to conclude a contract in accordance with these conditions. The final contract depends on the judgment of SPORTFIVE or the necessary acceptance of the order.
2.4 With the acceptance of the order by SPORTFIVE a contract between the user and SPORTFIVE is established.
3. Prices and payment methods; refund of paid services; customer account
3.1 The product price derives from the confirmation received by the user; the payment of the VAT is also included in the receipt of the confirmation. Moreover, no additional costs have to be paid by the user.3.2 The accepted currency is currently USD.
3.3 Regarding the payment, SPORTFIVE is working with a service provider, which guarantees the most secure data transfer and data processing as possible
3.4 The invoice and/or any other payment requests will be sent to the registered address. However, we allow us to send the documents exclusively to the e-mail address of the user.
4. Delivery of the videos
4.1 The videos will be streamed in flash video format. The bandwidth varies from 450 to 1600 kbps. Live streams have a bandwidth of 800 kbps.4.2 SPORTFIVE will give best effort to ensure an uninterrupted retrieval of the videos. SPORTFIVE ensures that it servers have a reach of 97% in annual average value. Nevertheless SPORTFIVE can not guarantee that the video will be permanently available. Particularly force majeure cases caused by failures of the technique, may lead to an interruption of accessible streams.
4.3 SPORTFIVE is not responsible if certain users are using browsers and browser settings which do not work. The same applies for the poor image quality in conjunction with the data transmission. The use of proxy servers can also lead to transmission problems. The user can notice any defects by logging and error messages displayed with an appropriate writing form.
5. RIGHT OF WITHDRAWAL
5.1 The user can cancel the contractual statement (that is his order) within a period of one month without indication of causes in writing (e.g. letter, Fax, Email) to SPORTFIVE. The period begins with the receipt of this instruction. In order to ensure the withdrawal period, the time of sending the cancellation is sufficient.5.2 The right of withdrawal expires ahead of time, if SPORTFIVE has begun with the delivery of the service with the explicit agreement of the user before the end of the period of cancellation (e.g. when the production and the delivery of the desired product is made before the end of the cancellation period) or if the user has initiated it himself (e.g. with watching a video, etc.).
5.3 In case of effective cancellation, the already received benefits have to be returned.
6. Restrictions on use of the Website www.videosport.com and image materials
6.1 The user is authorized to use www.videosport.com and the services of SPORTFIVE, only according to the terms that SPORTFIVE authorized.6.2 The subscription and/or the delivery of image materials from SPORTFIVE in the framework of the delivery of ordered services or free services grants the user no copy rights, trading rights, trademark rights or personality rights. All the contents provided by the service are protected by intellectual property rights, copyrights and other rights.
6.3 The user is not authorized by SPORTFIVE to copy, reproduce, download, store and forward the available contents, and to distribute, sell and use it with commercial intentions.
7. Contacts; address for service and legal representative
7.1 The user can contact his contractor SPORTFIVE as following:• 7.1.1 By e-mail at info@sportfive.com.
• 7.1.2 By post at the address SPORTFIVE International S.A., Rue de la Coulouvrenière 29, 1204 Geneva, Switzerland
7.2 The address for service is the address in the point 9.1.2. SPORTFIVE is legally represented by its managing director Vincent Tong Cuong
8. Final clause
8.1 These conditions and all the contracts made under this condition are subject to the laws of Switzerland.8.2 For all disputes arising out of or in connection with these conditions as well as the individual contracts, Geneva is the exclusive jurisdiction, if the user is a qualified merchant, a legal person under public law or special fund under public law. The same applies if the domicile or habitual residence of the user is neither in switzerland nor unknown at the time of the complaint.