TERMS OF USE

Please read this document carefully as MiSport intends to rely on these Terms. It contains important information about your rights and obligations and your access to and use of this website as well as liability limitations that may apply to you.

1. INTRODUCTION

These terms and conditions are applicable for the internet sites of the MiSport Ltd and group companies’ websites ("the Sites"). The Sites include www.pitchvision.com and other internet sites on which these terms are posted. The Sites are owned and operated by MiSport Ltd, a company registered in England and Wales (referred to as "MiSport”," "we," "us," or "our" herein) with its registered office at 7 Queens Square, Ascot Business Park, Lyndhurst Road
Ascot, Berkshire, SL5 9FE, United Kingdom. MiSport provides completely ground-breaking, motion tracking technology offering an affordable portfolio of real-time player analysis and interactive sports game products that combine all the best elements of bowling machines, motion tracking, video analysis and web technology in one system.

By using a Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms. If you do not agree to these terms, you may not use the Sites. If you are a parent or guardian and you provide your consent to your child's registration with any of the sites, you agree to be bound by these terms of use in respect of their use of the sites. Any terms for particular contest, feature or activity will be in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Sites and receipt of content, applications, materials and information available at or through the Sites, the possibility of our use or display of your User Material (as defined below in Section 3, entitled "User Material") and the possibility of the publicity and promotion from our use or display of your User Material.

2. ACCESS AND USAGE OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All information, materials, functions and other content (including User Material, as defined in Section 3, entitled "User Material") ("Content") contained on the Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Sites or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Site may be used other than as part of the Site, reproduced, transmitted, distributed or otherwise exploited in any way, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer or mobile device (as applicable) for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on a Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume, automated use of the Sites or transferring of any Content to any other computer or mobile device is prohibited.

In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Sites or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

MiSport does not transfer title to (i.e. ownership of) any site content downloaded or used by You. Site content, including its selection and arrangement, is owned by MiSport or its affiliates (and/or their content and technology providers) and is protected by copyright and other laws. Limited permission to use site content (for the purposes stated in these Terms of Use) is specifically conditioned on Your recognition, observance and retention of all copyright, trade mark and other proprietary notices in Site content, and all proprietary and other intellectual property rights of MiSport or its affiliates and/or Content.

Any unauthorised use or copying of site content or use of site content which breaches these Terms (or their spirit) may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. You shall not use any Content in any manner that infringes any trade mark, copyright or other proprietary rights. MiSport reserves all rights with respect to such unauthorised use or breach of these Terms.

“MiSport”, “PVmatch, and “PitchVision” are trademarks of MiSport Limited. All trademarks, logos, website addresses or derivations that describe MiSport or its affiliates, their products, support or services or that contain the word “MiSport”, “PVmatch” or “PitchVision”“ that are included in Site or Content (together, “MiSport Marks“) are trademarks and/or the property of MiSport or its affiliates.

Any use of MiSport Marks or permutations thereof (except as expressly authorised by MiSport in writing) is strictly prohibited. Other product, tournament, federation and company names and/or logos mentioned in this site may be the trademarks of their respective owners.

3. USER MATERIAL

In these terms of use, we use the word "User Material" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterisations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through any of the Sites.

We, our licensees, distributors, agents, representatives and other authorised users shall be entitled to exploit and disclose all User Material, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any User Material.

Without limiting the foregoing, by uploading User Material to this Site or sending or making available User Material to other users or MiSport and/or its affiliates, pursuant to or by reason of Site or Content use or otherwise, You automatically grant (or warrants that the owner of such User Material expressly granted) us (and our licensees, distributors, agents, representatives and other authorised users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide License under all copyright, trade marks, patents, trade secrets and other intellectual property rights you own or control, to use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any User Material or substituting the lyrics and music in any User Material with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform and otherwise exploit such User Material, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on any MiSport group sites, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes in any media format and through any media channels including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "User Material License").

By communicating a User Material, you represent and warrant that the User Material and your communication of that User Material conform to the Code of Conduct (set forth below in Section 6 labelled "Code of Conduct") and other requirements of these terms of use and that you own or have the necessary rights, Licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise us to exploit, such User Material in all manners contemplated by these terms of use (including the User Material License). These terms of use (including the User Material License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Material.

To the extent that we solicit User Material through features or activities on any of the Sites (including, without limitation, games, sweepstakes, contests, promotions and Social Media Forum (defined below in Section 5 labelled "Social Media Forum Forum") that require the use of our copyright works (in whole or in part), we hereby grant you a non-exclusive License to create a derivative work using our copyrighted works (in whole or in part); provided however, that such License shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorised users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorised users), your License to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your User Material are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any User Material you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Material exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorised users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the User Material License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to User Material, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to User Material submitted by you to us.

It is MiSport’s policy not to accept unsolicited User Material, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. MiSport's policy is to delete any such User Material without reading it. Therefore, any similarity between an unsolicited User Material and any elements in any MiSport’s creative work, including a film, series, story, title, or concept, would be purely coincidental.

4. ACCOUNTS AND REGISTRATION

A Site may require you to register and create an account to participate in certain activities or to secure additional accesses and benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph, or providing false details for a parent or guardian, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of information you provide. You also agree to promptly notify us at the address set out in Section 15 of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Sites. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use the Sites or portion thereof for impersonating any person or entity of otherwise misrepresenting your identity, for otherwise failing to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

If you are under 18 years of age, you should seek parental consent and can use PitchVision’s services only in conjunction with and under the supervision or consent of a parent or guardian. By registering for and/or using PitchVision services in any way, you certify that you have understood these terms and that you are either at least 18 years old or have obtained parental consent for use of PitchVision services.

5. SOCIAL MEDIA FORUM

"Social Media Forum " means an area, site or feature offered as part of a Site that enables users or visitors of the Site to view User Material by one or more users or visitors to the Site, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (e.g. send-to-a-friend e-mails).

You acknowledge that Social Media Forums and features offered therein are usually for public and not private communications. Please keep in mind that whenever you give out personal information online through a Social Media Forum, that information can be collected and used by people you don't know. We cannot guarantee the security or privacy of any information you choose to disclose through any of these media; you make such disclosures at your own risk. We recommend that you do not give out personal information (e.g. telephone, e-mail, or home address) about yourself or anyone else through a Social Media Forum. Section 14 below provides details of our Privacy Policy (e.g. for personal information supplied during registration to participate in a Social Media Forum).

You are and shall remain solely responsible for the User Material you post on or through any of the Sites submitted and/or posted under your username or otherwise by you in any Social Media Forum and for the consequences of submitting and uploading the same.

You acknowledge that the use of any User Material posted in any Social Media Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Social Media Forum and we specifically disclaim any and all liability in connection therewith.

We reserve the right to screen, refuse to post, remove or edit User Material at any time and for any or no reason including, without limitation, if your User Material fails to conform to the Code of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Social Media Forum. If we elect to screen User Material, there may be a delay in the uploading of such content in a Social Media Forum to allow for a review process. If we have questions about your User Material including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

We cannot be responsible for the accuracy of any User Material contained in a Social Media Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content. Your ability to access and browse Social Media Forum and/or to submit and/or post User Material within a Social Media Forum may be subject to certain age restrictions and/or related procedures or terms and conditions that we may revise in our sole discretion at any time and for any reason. Any such age restrictions, procedures and terms and conditions will be posted within the Social Media Forum, as applicable.

6. CODE OF CONDUCT

The following Code of Conduct apply to the Sites. By using the Sites, you agree that, unless agreed specifically with PitchVision, you will not upload/post any User Material that:

(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Material that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites; or
is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
do not generally pertain to the designated topic or theme of the relevant Social Media Forum

We cannot and do not assure that other users are or will be complying with the foregoing Code of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

7. COOPERATION; REMOVAL OF USER MATERIAL

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any User Material from the Sites that violates these terms of use (including the Code of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any User Material or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Code of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Sites. Moreover, we retain all rights to remove User Material at any time for any reason or no reason whatsoever.

If you consider that a User Material does not conform to these terms of use (including the Code of Conduct), you may report the User Material to us, following the process set out on the Sites. Following such a report, we may (but shall not be obliged to) take such action as we consider appropriate in our absolute discretion.

8. SUBSCRIPTIONS AND BILLING

8.1 Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on the Site and viewing your account details.

8.2 Billing. By providing a credit card or other payment method accepted by MiSport ("Payment Method") for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion.

MiSport reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If MiSport changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where MiSport determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may, as your sole remedy, provide credits to You. The amount and form of such credits, and the decision to provide them, are at MiSport's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

8.3 Free Trials. On occasion, we may be authorized to offer promotions, gifts, contests, free trials to a particular Service for certain qualifying users. Certain limitations may exist with respect to combining such benefits with any other offers or services. To view the specific details, log in on the Site and view your account details.

9. DISCLAIMERS

THE INFORMATION, CONTENT AND MATERIALS ON THE SITES ARE PROVIDED "AS IS" AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITES (INCLUDING, WITHOUT LIMITATION, USER MATERIAL) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITES, INCLUDING, WITHOUT LIMITATION, USER MATERIAL, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY OF THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

The Sites may contain (or you may be sent through a Site) links to other sites ("Third Party Sites") as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, information applications software and other content or items originating from third parties ("Third Party Content"). We explicitly disclaim any responsibility for the accuracy, completeness, appropriateness or availability of information, content and materials found on Third Party Sites or in Third Party Content. We cannot ensure that you will be satisfied with any products or services that you purchase from a Third Party Site that links to or from a Site or third-party information, content or materials contained on our Sites (including, without limitation, User Material contained in Social Media Forum). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any Third-Party Site or any Third Party Content. Consequently, we make no representations or warranties concerning the third party sites or any other sites listed in any of our directories or any third party content and cannot be held responsible for the content, availability, accuracy, relevance, copyright compliance, legality or decency of material contained in any third party site or third party content and we make no representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our Sites (including, without limitation, User Material), on Third Party Sites or in any Third Party Content, and any information, content and materials you provide to any Third Party Sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

10. RESPONSIBILITY FOR YOUR ACCOUNT(S)

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our group undertakings, and our and our group undertakings' licensors, licensees, distributors, agents, representatives and other authorised users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities, claims, penalties, fines, expenses and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

11. LIMITATION OF LIABILITY

We do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable laws.

Subject to applicable law we, our group undertakings, our and our group undertakings' licensors or licensees, and their respective resellers, distributors, service providers or suppliers, do not accept liability for any loss, damages, costs or expenses suffered by in connection with your use of any software, application, device or any other material provided to you in connection with your use of the sites, or for any loss which is not a direct and reasonably forseeable consequence of the (a) use of, or the inability to use, the sites or content, or (b) the conduct or actions, whether online or offline, of any user of the sites or any other person or entity, even if we have been advised of the possibility of such damages.

We may change the sites or delete content or features or any services provided through the sites in any way, at any time and for any reason.

The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

We will not be liable or held responsible for any delay or failure to comply with our obligations under these terms of use if the delay or failure arises from any cause which is beyond our reasonable control including, without limitation, acts by third parties such as network providers. This term does not affect your statutory rights as a consumer.

12. LAW AND JURISDICTION

These terms of use shall be governed by and construed in accordance with the laws of England and Wales, and the courts of London, England shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law. We make no representation that information, content and materials on the Sites (including User Material) are appropriate or available for use in any particular location. If you choose to access the Sites you do so on your own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

13. AMENDMENT TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Site following any amendment of these terms of use will signify and constitute your consent to and acceptance of such revised terms of use.

14. TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Sites and destroying all materials obtained from the Sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the Sites and any and all MiSport Group sites) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Sites and destroy all materials obtained from the Sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

15. PRIVACY POLICIES

Please see our Privacy Policy for other information regarding the way in which we collect and store any personal information you provide to us when you register or use the Sites. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site(s) and use of the Services are governed by the MiSport Privacy Policy in effect at the time of your use.

16. GENERAL PROVISIONS

16.1 If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these terms of use.

16.2 Except where expressly provided to the contrary, these terms of use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise, except that any of our group undertakings may enforce any provision of these terms of use as if it were a party to them.

16.3 If you have any queries you can write to us at:

Legal Department

MiSport Limited

7 Queens Square,

Ascot Business Park,

Lyndhurst Road

Ascot, Berkshire,

SL5 9FE,

United Kingdom.

16.4 If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify MiSport of your infringement claim at the above address.

We will process each notice of alleged infringement that MiSport receives and take appropriate action in accordance with applicable intellectual property laws.

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable MiSport to identify and locate the material; (iv) how MiSport can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

16.5 International Use. MiSport's goal is to bring you as much Content as is legally available. Using technologies to access the Content from territories where MiSport does not have rights or that are not permitted by the terms of your subscription is prohibited.

16.6 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United Kingdom or the country in which you reside.

PRIVACY POLICY

This policy tells you how MiSport Ltd. having its registered office at 7 Queens Square, Ascot Business Park, Lyndhurst Road, Ascot, Berkshire, SL5 9FE, United Kingdom collects information from you, how we protect it and how we use it, and covers all personal information which you provide when you use any of our sites (the "Sites").

TYPE OF INFORMATION WE COLLECT

We will collect personally identifiable information from you in a variety of ways including when you register on the Sites, use other MiSport services, participate in promotions and offers or respond to communications from us.

PERSONALLY IDENTIFIABLE INFORMATION

This information may be used for marketing and for market research purposes, including internal demographic studies, to provide, optimise and personalise our services and to send you newsletters and information.

We may use information about you to create a picture of your interests. This will allow us to understand our customers and visitors better, so we can make our services and marketing more relevant. Information that we use in this way may include:

(i) information about your use of this and our other Sites;

(ii) your responses to communications from us;

(iii) your interaction with other parts of our group companies;

(iv) information you provide when you register on a Site;

(v) customer surveys;

(vii) information provided by other companies, where you gave them permission to share this information. We may use a variety of technical methods such as cookies and web beacons to collate this information.

USE OF INFORMATION

We may send you direct marketing about our own, or carefully selected third parties' goods and services and disclose your information to other organisations who may send direct marketing to you.

In addition, you can unsubscribe from email communications via unsubscribe links provided in communications sent to you.

ACCESS TO INFORMATION

We may share your information with other members of the our Group companies worldwide. In this Privacy Policy "we", "us", "our" and "ourselves" means any member of this Group. Wherever your information is processed by us, we will ensure that it is protected appropriately.

We will only pass on your information to third parties in the following situations:

if this was clearly stated at the time of collection or registration and, where required, if you have given permission for this;
If we employ another organisation to perform tasks on our behalf - such as delivering goods to you. In this case, the organisations may only use your information to fulfil this specific task;
If we have reason to believe that disclosing this information is necessary for legal proceedings. We may also disclose information when we believe in good faith that applicable law or regulation requires it or to protect the safety or security of users of our Sites; and
If we use third party processors to administer and process your personal information for the purposes notified in the Privacy Policy, e.g. for hosting activities related to the use of our Sites or services. We may also share details with third parties (such as auditors or legal advisors) to obtain advice. Any such processing will be governed by an agreement in the form required by law, preserving any statutory data protection rights.

REGISTRATION AND OPT OUT

You can ask us to modify or remove your personal information from any or all of our mailing lists at any time or cancel your registration by writing to us at our address or email ID provided in this Privacy Policy.

We will use our reasonable endeavours to modify or remove your personal information from the related mailing list within 10 working days of your request.

COOKIES

We collect information through technology to make our Sites and other content or services which we make available to you more interesting and useful to you. For instance, when you come to one of our Sites via your computer or other media device, we may place cookies and web beacons on our Sites which may be used to collect information about the sections you visit, the products you are interested in and the frequency with which you visit various parts of our Sites. You agree that we collect your IP address or other unique identifier. At times, we also use these identifiers to collect information regarding the frequency with which our guests visit various parts of our Sites. We may combine your IP address with other personally identifiable information for marketing and for market research purposes, including internal demographic studies, so we can optimize our products and services and customize the Sites for you.

Our Sites use a variety of technical methods for tracking purposes, including cookies and web beacons.

Cookies are pieces of information that a Site sends to your computer or other media device while you are viewing or interacting with the Site. We use cookies for a variety of purposes including tracking usage on our Sites in order to- enhance our guests' experience on our Sites and to learn more about your preferences and interests. For instance, when you return to one of our Sites after logging in via your computer, cookies provide information to the Site so that the Site will remember who you are ("visitor session information"). You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies.

Web beacons are small pieces of data that are embedded in images on the pages of Sites. We also use these technical methods to analyse the traffic patterns on our Sites, such as the frequency with which our users visit various parts of our Sites.

We may combine your visitor session information or other information collected through cookies, web beacons and other technical methods with personally identifiable information in order to understand and improve your online experiences and to determine what products, promotions and services you prefer or are likely to be of interest to you.

We also use these technical methods in HTML e-mails that we send our guests for a number of purposes including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails; to customise the display of the banner advertisements and other messages after a guest has closed an email; and to determine whether a guest has made an enquiry or purchase in response to a particular email.

Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. The information from use of these technical methods may be collected in a form that identifies you personally.

You may get cookies from our advertisers. We do not control these cookies, and once you have clicked on the advertisement and left our Sites our Privacy Policy no longer applies.

THIRD PARTY SITES

You should be aware that when you are on our Sites you could be directed to other sites where the personal information collected is outside of our control. The privacy policy of the new site will govern the information obtained from you on that site.

AMENDMENTS

We may change this Privacy Policy from time to time and we will post the latest version on this and all our other Sites. If we ever wish to use your personal information in a way which is incompatible with the information in this Privacy Policy, we will only do so with your consent.

CONTACT US

If you have queries about our use of personal information, you can write to us at Legal Department, 7 Queens Square, Ascot Business Park, Lyndhurst Road
Ascot, Berkshire, SL5 9FE, United Kingdom.

MiSports Ltd and its affiliates (as applies) are the controller of the personal data. Personal data will be typically stored by MiSports for a period of seven [7] years (unless specified otherwise). Our Data Protection Office (DPO) can be contacted at security@misports.com, including any questions regarding this policy and our privacy practices.
For registration or transactions within the EU, data subjects have the following rights:

to request access to your information and information related to our use and processing of your information;
to request the correction of your information (we may seek to verify the accuracy of the personal information before rectifying it);
in certain situations to ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information; and
in certain situations, you can also ask us to send the personal information you have given us to a third party.
to ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EU.
to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. This will not affect the lawfulness of our processing of your data prior to your withdrawal;
to object to the processing of your information for certain purposes, namely:

to object to us using or processing your information for direct marketing purposes. You may also exercise your right to object to us using or processing your information for direct marketing purposes by clicking the unsubscribe link contained at the bottom of any marketing email we send to you and updating your preferences, or as a subscriber by visiting the preference centre on our website and changing your preferences.