1. Terms and Conditions
a. We grant you permission to use the Service, in accordance with these Terms and Conditions, provided that: (i) your use of the Service is only for your personal, non-commercial purposes; (ii) you do not copy or distribute any part of the Service in any medium without our prior written authorisation; (iii) you do not alter or modify any part of the Service other than as may occur during your proper use of the Service for their intended purpose; and (iv) you comply with these Terms and Conditions.
b. We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason on prior notice to you and without any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any specific features or content.
c. We do not permit copyright infringing activities or the infringement of intellectual property or other proprietary rights (including privacy and publicity rights) in connection with the Service, and we will remove all content if properly notified that such materials infringe on a party’s intellectual property right.
d. We hereby grant you a personal, non-exclusive, non-transferable, limited license to access the Service for your own non-commercial, information or educational purposes. You may not: (i) modify, disassemble, edit, decompile, reverse engineer or copy the Service; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party ; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (iv) delete the copyright and other proprietary rights notices on the Service.
e. You acknowledge that from time to time, the Service’s availability may be limited due to maintenance, upgrade or other technical reasons as relevant.
f. We do not warrant that the Service will be compatible with your mobile device. We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, or any discontinued parts thereof.
g. To the extent allowed by law, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied. Whilst every effort has been made by Africa Sports Channel and its service providers, to ensure the proper performance of the Service, the accuracy of the information/images and the reliability of the binary data on the Service, Africa Sports Channel, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the Services, content and/or information offered on the Service. We do not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; or that defects will be corrected. We thus make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the Service and the Service is thus used at your own risk.
h. You acknowledge that we may appoint third party companies and individuals to facilitate the Service (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to us not to disclose or use it for other purposes.
i. You acknowledge that certain existing or future aspects of the Service, including notifications and rewards may be provided for free to you though both the charges and/or the exclusivity thereof is subject to change at any time at Africa Sports Channel’s discretion. Any change in this respect will be communicated to you via applicable means to inform you of any applicable change.
j. The Service includes the provision of both factual information and editorial content for educational purpose only. Africa Sports Channel’s appointed 3rd party maintains and owns the relevant licenses and rights to display and provide such content via the Service. Neither Africa Sports Channel nor the 3rd party appointed to provide this content may be held liable for any harm or consequences arising as a result of any unintended inaccuracies or discrepancies in the content.
2. General Disclaimer
a. THE CONTENT AVAILABLE VIA THE SERVICE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AFRICA SPORTS CHANNEL NOR ITS SERVICE PROVIDERS ARE ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.
3. Ownership
a. All rights, title and interest in and to the Service including, but not limited to, titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by us and our service providers. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with the Service.
b. We own, have licensed, or otherwise have rights to use, or provide all of the content that appears in the Service.
c. You acknowledge that we own or have been granted licenses for the intellectual property rights in and to all content contained in the Service, and that the unauthorised use thereof is expressly prohibited. The word or mark “Africa Sports Channel”, however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on the Service, are our trademarks or that of our service providers.
4. Limitation of Liability
a. You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the services; (iii) any unauthorized access to or use of our servers; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any information provided as part of the Service by a third party.
b. To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Services or its content.
c. Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Africa Sports Channel and its partners, subsidiaries and affiliates from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by you; (ii) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents made available on the Service.