Terms and Conditions
These are the terms and conditions (“the Agreement”) upon which the SBG Companies Ltd (“the Company”) grants permission to individuals or companies who have been authorised by SBG Companies Ltd and associated companies and who have been granted a username and password to enable such access (“Authorised Users”), to access and use the domain name “sportbusiness.com” (“the Website”) and Databases, Services and associated publications (“Licensed Works”) which shall include TV Sports Markets, Sport Sponsorship Insider and The Knowledge Centre and associated databases (“the databases) and related services (“the services”).
Please read these terms and conditions carefully before you access the Licensed Works.
1.1 The following general terms supersede and cancel all previous terms and conditions of supply and access to the Licensed Works.
1.2 The Authorised User accepts that services are to be delivered by the Company by the entry into by the customer of a binding agreement for the supply of such services on these terms and conditions or (in the absence of such written agreement) the accessing by customer of the Licensed Works after the issuing by the Company of the user name and the password which shall be deemed to constitute acceptance of these terms and conditions of supply in relation to the services.
2.0 Subscriptions / Use of Licensed Works
2.1 The Company grants Authorised Users a non-exclusive and non-transferable subscription (“the subscription”) and password to access and use the Licensed Works. Each Subscription shall permit solely those persons expressly named in the Subscription to access the Website, Licensed Works for as long as such person(s) remains employed by the company entering into the Agreement. The Authorised User agrees to inform the Company immediately upon any of the named person(s) leaving its employment in order for the Company to revoke such named person(s) password and usernames and the customer shall further be responsible for ensuring that such named person(s) do not access the Website and Licensed Works.
Claims for missing hard copies will be met, free of charge, if made within three months of the date of dispatch, if stock is available.
Please note that subscription payments are NOT refundable after the first issue of that year’s subscription has been dispatched.
2.2 Authorised Users are expressly prohibited under the Agreement from:
2.2.1 Making available user name and password to any additional person(s) or company;
2.2.2 Making access to the Website and/or Licensed Works available through a single user name and password to multiple users on a network
2.2.3 Selling, reselling, redistributing, publishing, broadcasting, disseminating or otherwise making the Licensed Works 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;
2.2.4 Removing, obscuring or modifying copyright notices, text acknowledgements or other means of identification or disclaimers as they appear;
2.2.5 Making printed or electronic copies of multiple extracts of the Licensed Works for any purpose, beyond those authorised by this Agreement;
2.2.6 Creating a database, news or information service that is made available or distributed by email, on an Intranet, a network, any electronic storage device or in hard copy format;
2.2.7 Downloading and electronically saving the whole or portions of the Licensed Works;
2.2.8 Permitting anyone other than an Authorised User to access or use the Licensed Works;
2.2.9 Permitting the Licensed Works or part thereof to be transmitted electronically or in hard copy to any other recipient.
2.2.10 Divulging their username, password or other access information to any third party. Users shall notify the Company immediately and provide full particulars on becoming aware of any unauthorised use of the Authorised User’s username, password or other access details.
2.3 You agree not to carry out or permit any other person(s) else to carry out any of the prohibited acts set out in 2.2.1 to 2.2.10 above (the "Prohibited Acts") and will take all reasonable steps to ensure that nobody apart from you accesses the Website, Databases or Services using your username and password. You are responsible for safeguarding the security of your username and password and agree that you will be liable for any use of the same by non-subscribers or any additional fees, charges or costs that may be due to the Company arising from (i) any unauthorised accessing or distribution of the Websites (or any part thereof) by use of your username and password; or (ii) any of the Prohibited Acts carried using your username and password.
2.4 Without prejudice to the foregoing, customers are not permitted to allow their suppliers, agents, consultants or other third parties to use passwords or usernames that are not specifically assigned to them by the Company (i.e. unless they are persons employed by and specifically named in the customers’ subscription terms they are not authorised to use the Website, Databases and Services).
2.5 In the event of breaches to the terms contained under section 2.0 and subsections 2.1 to 2.4, the Company reserves the right without limitation to charge for additional licenses or withdraw service with no refund of any fees paid.
3.1 Subject to condition 10, the subscription shall be for an initial period of one year commencing on the date that the Company issues the Authorised User with the relevant user name and password to enable the customer to access the Website and Licensed Works.
3.2 Unless either party shall have given the other not less than three months written notice of termination, this agreement shall continue in force on the same terms and conditions as are herein contained for further consecutive periods of one year subject to agreement as to price for the provision of the services in respect of each such additional period of one year.
The fee payable by the customer shall be in pounds sterling, euros or US dollars. All are exclusive of V.A.T. or any other tax, surcharge or impost imposed by any competent authority upon or in relation to the supply of any services subject to these conditions which shall be determined as at the date of supply of the services and shall be payable by the customer.
5. Payment Conditions
5.1 Unless otherwise agreed in writing payment shall be made by the Authorised User according to the terms and conditions (normally 30 days of the invoice date) on the Company's invoice for the services.
5.2 The Authorised User shall not be entitled to withhold the whole or any part of any payment due for services supplied on the ground of any alleged defect or any other claim whatsoever against the Company unless the defect or other claim is recognised by the Company and the Company agrees to such retention.
5.3 Non payment on the due date shall entitle the Company to suspend any supply of any services and/or cancel the Subscription without further notice.
5.4 Without prejudice to any other right or remedy that the Company may have, the Company reserves the right to charge interest on a daily basis on any amounts not paid when due at the rate of eight per cent per annum above the LIBOR rate.
5.5 If the Company shall in good faith consider that the financial condition of the customer at any time does not justify continuation of supply on the terms of payment originally agreed, then the Company may (without prejudice to any other right or remedy available to it and without incurring any liability to the customer whatsoever) suspend supply and require full or partial payment in advance as a condition of continuing supply of the services.
6. Licensed Information
6.1 The contents of the Website, Licensed Works, Databases and Services (or any part thereof) must not be used by (or with the permission of) the Authorised User 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.
6.2 The information contained 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.
6.3 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 and 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.
6.4 The Company makes or gives no warranty that the contents of the Website are free from infection by viruses or anything else which have or might have contaminating or destructive properties.
6.5 Certain links on the Website and Licensed Works may lead from time to time 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.
6.6 Part of the Website and Licensed Works may contain advertising and other material submitted to the Company by third parties. Such advertising does not constitute and endorsement or recommendation and 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.
7. Ownership of Intellectual Property
7.1 Any copyright, Licensed Works rights and other rights that may exist in any content or data supplied from the Website or Licensed Works or any part thereof is either owned or controlled by the Company and the subscription does not constitute the grant of a licence by the Company other than in accordance with these conditions.
7.2 The Authorised User acknowledges that the information made available from the Website and/or Licensed Works 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 Authorised User of the information may be limited or restricted thereunder.
7.3 The Authorised User 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 or Licensed Works. No part of the Website or 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.
9. Limitation of liability
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.
10. Termination and Suspension
10.1 Notwithstanding that any initial or fixed term has not yet expired and without prejudice to any other condition, the Company shall have the right (but not the obligation) to terminate or suspend the subscription with no obligation to refund any fees paid by notice to the Authorised User in the event of a material breach of any of the above conditions and prohibitions or of any one or more of the following happening:
(a) the Authorised User becoming insolvent or otherwise unable to pay its debts or (being an individual) having a bankruptcy petition filed against his name or (being a company) being the subject of a petition for winding up or otherwise compounding with its creditors;
(b) the customer failing to pay the fee;
(c) the customer being in breach of any other of its obligations under these terms and conditions; and/or
(d) the customer breaching any restriction imposed by the Company in relation to the provision of the services.
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.
12. Data Protection, Privacy and Cookies