USER TERMS & CONDITIONS
Last updated January 18, 2023
The AFTV FANZONE (the “AFTV FanZone”) is a service created and hosted within the AFTV+ App to enable (in general terms) sports fans to connect with other fans and participate in conversations around sports including through live stream video, uploading videos, online forums, chats, participating in blogs, message boards, and other functionality.
The AFTV FanZone is made available by RL MEDIA LIMITED a company incorporated in England and Wales with registered number 11563120, whose registered office address is at 55 Loudoun Road St. John's Wood, London, United Kingdom, NW8 0DL (“RLM”, “we”, “us” and similar).
These terms and conditions (“Terms”) govern your access to and use of the AFTV FanZone.
BY TICKING THE BOX “I AGREE” YOU AGREE TO THESE TERMS.
YOU MAY NOT MAKE USE OF THE AFTV FANZONE IF YOU DO NOT AGREE TO OR CAN NOT COMPLY WITH THESE TERMS.
We may need to make changes and/or updates to these Terms from time to time. Once any updated Terms are in effect, you will be bound by them if you continue to access or use the AFTV FanZone.
TERMS AND CONDITIONS:
1 AFTV FanZone. The AFTV FanZone enables users to connect with RLM, and with other users and communities, to participate in discussions and create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to webcam, video, audio, comments, photographs, graphics, text, writings, suggestions, or personal information or other material (collectively, “Contributions”). You are given a non-transferable, non-exclusive, non-sublicensable, limited licence to access and make use of the AFTV FanZone only for the authorised purposes, and we reserve all rights not expressly granted to you; all copyright, trademarks and all other intellectual property rights in all material or content supplied by RLM as part of the AFTV FanZone or associated services shall remain at all times vested in RLM or our licensors. .
The AFTV FanZone is only available within the AFTV+ App on supported devices. If you change your handset or the software running on your handset, your new/updated handset may not be compatible with the AFTV+ App or AFTV FanZone and you may be unable to download the AFTV+ App or access the AFTV FanZone or continue making Contributions.
You must be 16 or over to access and make use of the AFTV FanZone. You must provide us with proof of identity if we reasonably ask you to do so from time to time.
We provide the AFTV FanZone and associated services on an ongoing basis and circumstances may change in the future. We make no commitment to continue supporting the AFTV FanZone on an ongoing basis.
2 Contributions. You are encouraged to express yourself and to make and share Contributions that are important to you, but only for the purposes for which the AFTV FanZone is made available, and you must be respectful of others at all times. Accordingly:
Your Privacy. Contributions will be viewable by other users of the AFTV FanZone and possibly through other RLM and third-party websites or applications, and you need to be mindful of that at all times; any Contributions that you make are on the basis that they are not private or confidential or proprietary. You must ensure that everyone appearing or visible onscreen consents to their inclusion.
Authenticity & Respecting Intellectual Property. Your Contributions must be authentic and your own. By posting your Contributions or making Contributions accessible, you represent and warrant that: (a) you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use (and to authorise RLM and other users of the AFTV FanZone to use) your Contributions in any manner contemplated by the AFTV FanZone and these Terms; and (b) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party (including other participants, contributors or individuals featured in your Contribution).
Safety. While we recognise that fans are passionate and that there will always be opinions, differences, and controversy, you must be tolerant of others and their views. You must not: (a) ridicule, mock, disparage, or abuse anyone; (b) bully, threaten, intimidate or harass anyone, or promote harm, violence or discrimination against anyone, or encourage others to do so; (c) make offensive comments (whether connected to race, national origin, gender, sexual preference, religion, physical handicap or otherwise); (d) make false or defamatory statements; or (e) violate the privacy or publicity rights of any third party. You are responsible for the behaviour of everyone that appears in your Contribution.
Non-Commercial. You may only use the AFTV FanZone for the purposes as contemplated by these Terms. In particular you may not use the AFTV FanZone for commercial purposes including (without limitation) promotions, advertising or other forms of solicitation.
No Malware. Your Contributions shall not contain any viruses, bugs, or other malware.
Compliance. Your Contributions may not violate, or link to material that violates, any applicable law, regulation, or rule.
We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which RLM incurs as a direct result of the misuse of the AFTV FanZone by you or any one you have allowed to use the AFTV FanZone.
3 Our Rights regarding your Contributions. RLM does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions (subject to the licence granted herein). RLM is not liable for any content, statements, or representations in your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
RLM has no obligation to monitor your Contributions but has the right, in our sole and absolute discretion at any time: (a) to edit, redact, or otherwise change any Contributions; (b) to screen or delete any Contributions at any time and for any reason, without notice; and (c) to re-categorise any Contributions to place them in more appropriate locations in the AFTV FanZone.
RLM further has the right, in our sole and absolute discretion: (a) not to distribute or use any of your Contributions (in whole or in part); (b) to block and/or to remove any and all Contributions that we consider in breach of these provisions (as determined by us); (c) to remove or restrict access to content, features, services or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts; and (d) to suspend or disable your account for conduct that violates these provisions.
4 Contribution Licence: By posting a Contribution, or making a Contribution accessible, you automatically grant, and you represent and warrant that you have the right to grant, to RLM an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, modify, run, copy, publicly perform or display, translate and distribute (in whole or in part) such Contributions (including, without limitation, your image and voice), for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such Contributions (in whole or in part), and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats (including digital files such as NFTs) and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
You expressly acknowledge that no remuneration, consideration or other sum is or will be payable to you in respect of any Contribution whether in respect of the licence granted to RLM or otherwise.
5 Liability. RLM will exercise reasonable care and skill in providing the AFTV FanZone and its associated services to you and in maintaining a safe, secure and error-free environment. All and any other conditions or warranties (express or implied including conditions or warranties implied by statute or otherwise) relating to the AFTV FanZone and its associated services are hereby excluded to the extent permissible by law. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control. We shall in any event not be liable for any: (a) any special, exemplary or punitive damages or (b) indirect or consequential loss, costs, damages, charges or expenses however arising. Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
RLM is not responsible for investigating, defending, settling or otherwise discharging any claims by you or any third party relating to your Contributions or the AFTV FanZone (including any claims alleging that your Contributions or the AFTV FanZone infringes that third party's intellectual property rights or fails to conform to any applicable legal or regulatory requirement).
Any third party login services supporting the AFTV+ App and the AFTV FanZone or other apps, services or websites accessible via the AFTV+ App and the AFTV FanZone are not owned or controlled by us. RLM is not responsible for or liable for any loss, damage or harm you suffer as a result of what you experience when using third party apps, services or websites, the content you access through them and any failure of them to function properly.
You acknowledge that in the event of any dispute with us in respect of the AFTV+ App, the AFTV FanZone or any Contributions, your sole remedy will be an action at law for damages and in no event will you be entitled to rescind this agreement or receive any injunctive or other equitable relief whereby the rights granted to us regarding the Contributions could be affected or the free and unrestricted exploitation or exhibition of any Contributions could be restrained, hampered or otherwise interfered with.
6. Data & Other Policies. You expressly acknowledge that RLM may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the AFTV+ App and the AFTV FanZone. RLM may also use such information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
Your use of the AFTV+ App and the AFTV FanZone is subject to and shall incorporate by reference any data, privacy and other applicable policies that RLM may publish from time to time.
7. Miscellaneous. You represent and warrant that: (a) you are not located in a country that is subject to a U.S., UK or EU Government embargo, or that has been designated by the U.S., UK or EU Government as a "terrorist supporting" country; and (b) you are not listed on any U.S., UK or EU Government list of prohibited or restricted parties. RLM can transfer our rights and obligations under these terms and conditions to any company, firm or person, provided that it does not affect your rights under these terms and conditions in a negative way.
8. Applicable Law. These Term are governed by the laws of the England excluding its conflicts of law rules.