Please read through these Terms carefully. By accessing the BH Sports website at bhsports.net or by otherwise accessing any content found on this website, you are deemed to have entered into an agreement with BH Sports and to have agreed to be bound by the terms set out below.
- Intellectual Property Protection
- Use of BH Sports Content
- Term and Termination
- Changes to the Site
- Registration, Passwords and Responsibilities
- No Warranty, Disclaimer of Liability and Indemnity
- Force Majeure
- Governing Law and Jurisdiction
These terms were last updated on 28 September 2010.
1. Intellectual Property Protection
The contents and design of the site and any material e-mailed to you or otherwise supplied to you in conjunction with the site (such contents, design and materials being collectively referred to as the "BH Sports Content"), are copyright of BH Sports and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the "BH Sports" name and logo or other trade names appearing on the Site) for any reason without written permission from BH Sports. The software, which operates the site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of BH Sports Content
You may retrieve and display BH Sports Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from BH Sports:
- Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of BH Sports Content.
- Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of BH Sports Content (including use as part of any library, archive or similar service) without the prior written consent of BH Sports
- Remove the copyright or trade mark notice from any copies of BH Sports Content made under these Terms.
Use of any BH Sports Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to BH Sports and may be subject to a fee.
3. Term and Termination
BH Sports may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use BH Sports Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of BH Sports provided in these Terms or by law.
4. Changes to the Site
BH Sports reserves the right, in its discretion, to suspend, change, modify, add or remove portions of BH Sports available on the Site at any time and to restrict the use and accessibility of the Site.
5. Registration, Passwords and Responsibilities
Certain areas of the site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to BH Sports Content and the site using your user name, sign-on password, and/or I.D. You agree to immediately notify BH Sports if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of BH Sports Content or the Site. You will provide BH Sports with accurate, complete registration information (including in particular your e-mail address) and inform BH Sports of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, BH Sports reserves the right to monitor and record activity on the Site, including access to BH Sports Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. BH Sports does not permit access through a single name and password being made available to multiple users on a network. BH Sports may cancel or suspend your access to the Site if you do this without further obligation to you.
7. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, BH Sports makes no warranty, express or implied concerning BH Sports Content, the Site, software or products or services available through the Site (the “Site Services"), which are provided “as is”. BH Sports expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will BH Sports, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if BH Sports has been advised of the possibility that such damages may arise. BH Sports does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of BH Sports, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by BH Sports exceed the amount, if any, paid by you to BH Sports in respect of the particular Site Service to which the claim relates.
Upon BH Sports' request, you agree to defend, indemnify and hold harmless BH Sports from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
8. Force Majeure
BH Sports, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of BH Sports Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. BH Sports may, in its discretion, change these Terms (including those relating to your use of Site and/or BH Sports Content). When Terms are changed, BH Sports will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after BH Sports has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain BH Sports Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. BH Sports is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. BH Sports is not responsible for the availability of these web sites or their contents.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by BH Sports.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to BH Sports must be given in writing by letter and sent to BH Sports' last known place of business in London (for the attention of the web production department).
Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect.
10. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
At the exclusive discretion of BH Sports, BH Sports shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.