These are the terms and conditions (the “Terms”) governing our supply and your access and use of Volleyball World TV and any content therein (the “Services”).
1. ACCEPTANCE OF THE TERMS
1.1. These Terms are entered into by and between you and VW VOLLEYBALL WORLD SA, a limited liability company duly organized under the laws of Switzerland and registered in the trade register of canton de Vaud under number CHE-334.506.517 with head office at Chemin Edouard-Sandoz 2-4, c/o Château Les Tourelles, 1006 Lausanne (Switzerland) and any of its affiliates involved in the provision of the Services (“VW”, “we”, “us” and “our”). You accept to be subject to and comply with these Terms by registering a user account on the Services and using or accessing the Services. If you do not agree to the Terms or are dissatisfied with the Services, your sole remedy is to stop using the Services. Once you have confirmed and finalized your registration, you will receive a copy of the Terms and a summary of the registration information.
1.2. These Terms are supplemented by the following terms and conditions:
a. the terms of service of volleyballworld.com (the “Website”), which are available at https://en.volleyballworld.com/terms-of-service;
b. the Website’s cookies policy, which is available at https://en.volleyballworld.com/privacy-policy (the “Cookies Policy”); and
c. our privacy policy, which is available at https://en.volleyballworld.com/privacy-policy (the “Privacy Policy”);
each of which may be amended from time to time and are incorporated herein by this reference. If these Terms conflict with any of the terms and conditions set out above, these Terms will take priority.
1.3. VW reserves the right to terminate and/or change these Terms at any time in its sole discretion with ten (10) days prior notice.
VW will notify you of any such changes made to the Terms at least thirty (30) days prior to the entry in force of the amended Terms. The amended Terms will be binding on you unless you object to the amended Terms at least seven (7) days before the proposed changes to the Terms are due to take effect. In case, you object against the amended Terms, your subscription will be terminated and we will refund (on a pro-rata basis) any sums you have paid in advance for the Services which will not be provided. Your continued use of the Services after the end of the notice period shall constitute your agreement to be bound by any such changes.
Furthermore, VW may vary, replace or withdraw content and features included within the Services and the range of payment options may change in its sole discretion. Where the variation, replacement or withdrawal of content and features is of substantive nature and therefore reduces the scope of the Services, VW will only vary, replace or withdraw content and features included within the Services for good reason. If there is no good reason, we will write to you to let you know that we are going to substantially vary, replace or withdraw content and features included in the Service and refund (on a pro-rata basis) any sums you have paid in advance for the Services which will not be provided. VW reserves the right to modify the price of the Service for new or renewed subscriptions, but already purchased subscriptions will not be affected. For the avoidance of doubt, a subscription will be considered a renewed subscription when payment is taken to extend the period of subscription.
1.4. Once you start using the Services, in particular streaming contents on the Volleyball World TV, you lose you right of withdrawal. Unless and as long as you have not used the Services, you have a period of 14 days following the conclusion of the contract for the Services to withdraw your subscription.
1.5. If you purchase a subscription to the Services using a third party platform, the respective terms and conditions of the relevant third party platform shall apply in addition to these Terms and you may be required to pay charges to the operator of such third party platform who will collect the charges on our behalf. If you purchase a subscription using the Website or App, our monetization partner Cleeng B.V. (“Cleeng”) will handle the management of access to content and/or subscriptions and payment and billing on our behalf and will act as the merchant of record on our request. The services of Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated, please refer to https://cleeng.com/cleeng-user-agreement.
2. DESCRIPTION OF THE SERVICES
2.1. In order to use the Services, you must:
a. Register and maintain a personal account on the Services;
b. Be able to use one of the payment solutions as listed at https://support.volleyballworld.com/hc/en-us/articles/14108885023004-What-are-the-payment-methods-supported if needed (for contents that are subject to payment).
c. Have access to and use one of the supported devices as listed at https://support.volleyballworld.com/hc/en-us/articles/13846867712028-What-devices-can-I-watch-VBTV-on;
2.2. Services may not be available in your location, and Services may vary among locations.
2.3. Subject to these Terms, VW hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Services as intended and permitted by VW solely for your personal, non-commercial use, without making any gain. You agree not to access or use the Services through any interface other than the one provided by VW for such access and use. No other use is permitted without the prior written permission of VW. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.
3. YOUR OBLIGATIONS AND CONDUCT
3.1. In consideration of your use of the Services, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your account, if any, and on the Services (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to VW, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have the sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access, or otherwise use in connection with, the Services. You are fully responsible for all activities that occur using your password, usernames and/or account, regardless of whether such activities are undertaken or authorized by you or a third party.
3.2. You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the Services. If applicable, You agree not to upload, post or otherwise transmit via the Services information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to VW or other users of the Services; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. VW reserves the right to edit or remove any information that it determines in its sole discretion violates these Terms or that contains third-party commercial advertisements.
3.3. You agree that you will not use the Services to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be VW or someone else, or spoof VW’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Services or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Services; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including without limitation attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to VW any personal data about other users unless specifically authorized in writing by such users and VW.
4. OUR RIGHTS TO END THE CONTRACT
4.1. We may end the contract for the Services, suspend or restrict your use of all or any part of the Services at any time without refunding or compensating you if :
a) you do not make a payment to us when it is due;
b) you breach any of these Terms;
c) we suspect or believe that you’ve committed or may be committing a breach of any of these Terms;
d) we suspect or believe that you've committed or may be committing fraudulent activity through your use of the Service or content;
e) you have acted towards us in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify ending your use of the Service; or
f) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the Services.
4.2. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Service, for example, in the event of a change of law, regulation or other matter which prohibits us from providing the Service (or any part of the Service). We will refund (on a pro-rata basis) any sums you have paid in advance for the Services which will not be provided.
5. PERSONAL DATA
5.1. We will use the personal information you provide to us in accordance with our Privacy Policy (which is available at https://en.volleyballworld.com/privacy-policy and is incorporated into these Terms). In particular, we will use your personal information for the following purposes:
d. to supply the Services to you;
e. to process your payment for the Services;
f. if you agreed to this, for marketing purposes and to give you information about similar products or services that we provide, but you may stop receiving this information at any time by contacting us;
g. if you agreed to this, to share your personal information with third party for marketing and partnership purposes.
5.2. By using the Services, you consent to the collection, processing and storage by VW of your personal information, if any, in accordance with the terms of VW’s Privacy Policy. On your side, you shall comply with all applicable laws, rules and regulations, and the terms of VW’s Privacy Policy, with respect to any access, use and/or submission by you of any third party’s personal information in connection with the Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. As between you and VW, VW and its subsidiaries, affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the Services and any content therein including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Services and any content therein (other than rights to use Services solely as expressly permitted in and subject to these Terms).
6.2. Except as expressly authorized by VW, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the Services or content accessed through the Services, in whole or in part, by any means. You may not, for example, publish any portion of the Services or content accessed through the Services (or links thereto) on any internet, intranet or extranet site or incorporate the Services in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software VW discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
6.3. Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any Services or any other product, content, technology, intellectual property or service of VW or its subsidiaries, affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use the Services on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of VW or its subsidiaries, affiliates, licensors or partners.
6.4. “VW Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations VW uses in connection with its products and services, and those of its subsidiaries. You may not use, remove or alter any VW Trademarks, or co-brand your own products or material with VW Trademarks, without VW’s prior written consent. You acknowledge VW’s rights in VW Trademarks and agree that any use of VW Trademarks by you shall inure to VW’s sole benefit. You agree not to incorporate any VW Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
6.5. VW is committed to respecting others’ intellectual property rights, and we ask our users to do the same.
7. CONTENTS PROVIDED BY YOU
If you wish to submit products to VW,for inclusion on our websites, databases or other property, please contact us for more information. Notwithstanding anything to the contrary,by submitting such products and other materials to VW, you acknowledge and agree that those products and materials will not be returned to you.
8. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
You may find third party content and/or links to third party Internet sites or resources in or on the Services. You acknowledge and agree that VW is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and VW does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. VW will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with any use of or reliance on any such content, goods or services.
9. INDEMNITY
You agree to indemnify and hold VW and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including without limitation lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to VW, use of or access to Services by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including without limitation any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
10. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW
10.1. YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. VW AND ITS SUBSIDIARIES AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES. THE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. VW DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VW MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES.
10.2. VW MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
10.3. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION DAMAGE CAUSED BY CHANGES TO THE SERVICES), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
10.4. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR DEVICES ARE COMPATIBLE WITH, AND YOUR INTERNET CONNECTION MEETS, THE MINIMUM SYSTEM REQUIREMENTS FOR THE SERVICES AND AS MAY BE UPDATED FROM TIME TO TIME. WE ARE NOT RESPONSIBLE FOR ANY CHANGES THAT A DEVICE MANUFACTURER OR SOFTWARE PROVIDER MAKES TO THE DEVICES YOU USE TO ACCESS THE SERVICES WHICH PREVENT, LIMIT OR RESTRICT YOUR ACCESS TO THE SERVICES.
11. LIMITATION OF LIABILITY
11.1. TO THE FULLEST EXTENT PERMITTED BY LAW, VW IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF VW HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORISED USE OF THE SERVICES (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (E) INCOMPATIBILITY OF THE SERVICES WITH YOUR SOFTWARE OR HARDWARE OR MALFUNCTION / INCORRECT CONFIGURATIONS OF YOUR EQUIPMENT OR SOFTWARE; (F) ANY CIRCUMSTANCE OF EVENTS OUTSIDE OUR REASONABLE CONTROL; (G) LACK OF AVAILABLE BANDWIDTH, OR THE LACK OF APPROPRIATE SPEED OF AN ACCESS SERVICE (SUCH AS A DELIVERY NETWORK OR YOUR INTERNET CONNECTION); (H) TAMPERING OR INTERVENTIONS ON EQUIPMENT; or (I) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
11.2. TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
12. CONTACTS
12.1. If you have any questions, complaints or cancellation queries about the Services, please contact us at https://support.volleyballworld.com/ .
12.2. If we have to contact you, we will do so using the contact details you have given to us. Please ensure you have provided accurate contact details and that they are kept up to date to enable us to contact you about important changes to the Services.
13. GENERAL TERMS
13.1. The Terms constitute the entire agreement between you and VW relating to the subject matters herein, and cancel and supersede any prior versions of the Terms.
13.2. No modifications made by you to the Terms will be binding on VW unless in writing and signed by an authorized VW representative.
13.3. You shall not assign or otherwise transfer the contract for the Services or any right granted under the Terms.. We may transfer the contract for the Services and our rights and obligations under the Terms without your consent to any affiliate in any event or to a third party that acquires all or substantially all of the business or assets of VW whether by merger, consolidation, reorganization, acquisition, sale, license or otherwise. We will endeavor to tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.4. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
13.5. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
13.6. Except as otherwise provided by the mandatory laws of your country of residence, these Terms are governed by Swiss law.
13.7. Except as otherwise provided by the mandatory applicable jurisdiction rules, any dispute arising out of or in connection to the Terms shall be exclusively settled by the ordinary courts having jurisdiction in Lausanne (Switzerland).