TERMS OF SUPPLY
These are the terms and conditions upon which the Sports Marketing Surveys Ltd (“the Company”) grants permission to individuals or companies who have been authorised by Sports Marketing Surveys Ltd and associated companies and who have been such access (“Authorised Users”), to access and use download specific reports and documentation (“Licensed work”)
Please read these terms and conditions carefully before you access the Licensed Work.
1. General
1.1 The following general terms which supersede and cancel all previous conditions of supply.
2.0 Use of Licensed Work
The Company grants Authorised Users a non-exclusive and non-transferable licence to use the Licensed Work. No further persons shall be permitted access to the Website and Licensed Works and without limitation the following are prohibited under the download:
2.1 use all or any part of the Licensed Work for any commercial purpose including;
2.2 sell, resell, redistribute, publish, broadcast, disseminate or otherwise make the Licensed Work available in any manner or on any
media to any third party, unless the Authorised User has been granted prior written consent by the Company;
2.3 remove, obscure or modify copyright notices, text acknowledgements or other means of identification or disclaimers as they appear;
2.4 make printed or electronic copies of multiple extracts of the Licensed Work for any purpose, beyond those authorised by this Agreement;
2.5 creating a news or information service that is made available or distributed to non-subscribers by email, on an Intranet, a network, any electronic storage device or in hard copy format;
2.8 permit anyone other than an Authorised User to access or use the Licensed Work;
2.9 permit the Licensed Work to be electronically transmitted to any other recipient.
3. Licensed Information
3.1 The contents of the Website and Licensed Works are only for general information or use. The contents (or any part thereof) of the Website and Licensed Works must not be used by (or with the permission of) the customer as part of a competitive service to that of the Company. Data published by the Company is published in good faith and is the best information possessed by the Company at the stated date of publication.
3.2 The information on the Website and Licensed Works does not constitute advice and should not be relied upon by any person in making (or refraining from making) any decision.
3.3 No liability is accepted by the Company in respect of any information or data published in good faith by it, whatever the grounds for liability might be unless such liability cannot be excluded by law and the Company hereby excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the information on the Website and Licensed Works and the Website and Licensed Works in itself or any of its contents. The Company will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in subscription, tort or otherwise from the use of or inability to use the Website and Licensed Works or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Website and Licensed Works or any such contents.
3.4 The Company makes or gives no warranty that the contents of the Site are free from infection by viruses or anything else which have or might have contaminating or destructive properties.
3.5 Certain links on the Website and Licensed Works can lead to resources located on servers maintained by third parties over which The Company has no control and has sought no control. The Company accepts no responsibility or liability for any of the material contained on those servers or for any loss and/or damage or infection by viruses or anything else, which has contaminating or destructive properties.
3.6 Part of the Website and Licensed Works may contain advertising and other material submitted to the Company by third parties. The Company accepts no responsibility or liability for ensuring that material submitted for inclusion on the Website and Licensed Works complies with all applicable law. The Company will not be responsible for any error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
4. Ownership of Intellectual Property
4.1 The customer acknowledges that the information made available from the Website, Licensed Works and/or Services may be subject to the rights of the respective owners/publishers under applicable international copyright and other laws governing intellectual property, and that use by the customer of the information may be limited or restricted thereunder.
4.2 The customer shall not and shall procure that no person acting with it shall (whether directly or through the use of any software program) create a Licensed Work in electronic or structured manual form by regularly or systematically copying, downloading and storing all or any part of the pages from the Website and Licensed Works. No part of the Website and Licensed Works may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system, email, newsletter or other information service.
5. Compliance
5.1 In the event that the Company reasonably suspects that the customer may be in breach of its obligations under clauses under section 2 and 6 of these terms and conditions the customer agrees to co-operate fully with any such reasonable inquiries and investigations of the Company. The customer hereby indemnifies the Company against all losses, damages and costs of the Company arising out of any breach by the customer of these terms and conditions including without limitation any non-compliance with clauses under sections 2 and 6. Customers are hereby put on notice that the Company may use cookies to monitor for compliance with the terms of subscriptions (see clause 8 below).
6. Limitation of liability
6.1 Other than as expressly provided in these conditions and save as may be provided by law, the Company shall not be liable in respect of any loss or damage of any kind which may arise in connection with services delivered by the Company, howsoever such loss or damage may be caused and whether such liability arises in subscription or in tort or by reason of any representation. No terms shall be included in the subscription as to the fitness for any purpose or merchantability of any services delivered.
7. Law
7.1 These conditions and any subscriptions in which they are incorporated, shall be governed by and construed in accordance with English law and the customer hereby submits to the non-exclusive jurisdiction of the English courts.
8. Data Protection, Privacy and Cookies
8.1 All processing of personal data by the Company will be in accordance with applicable law and regulation relating to data protection and privacy. A copy of the Company’s Privacy Policy, which gives information on how the Company uses personal data and cookies, is available upon the Website and is incorporated into these terms and conditions as an operative part thereof.