ATP Media Operations Limited is a company registered in England and Wales under company number 03650220, with its registered office at ATP Media, 4th Floor, 22-24 Worple Road, London, SW19 4DD, UK and with VAT number 289046174 (the "Company"). The Company operates the website www.tennistv.com (the "Website") and the Tennis TV mobile application (the “App”).
1. Understanding these terms of use
1.1 These terms of use (these "Terms") describe how you may access and use the Website and the App.
1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Website and/or the App.
1.4 This App requires a smartphone or other mobile device running a version of the iOS or Android operating system that is supported by the App (the device you use, the "Device", and please see here for a list of supported versions of iOS or Android) and, to download the App and to access the latest features, you will need Internet access.
1.5 Please note, however, that certain functions made available on the Website and/or the App are governed by additional terms and conditions, including any subscription for viewing content on the Website and/or the App which is governed by our subscription terms and conditions (available here, "Subscription Terms").
1.6 In addition to clause 1.4 above, please note that:
1.6.1 the Website and the App each use cookies, the use of which are governed by our cookies policy (available here);
1.6.2 we only use your personal information in accordance with our privacy policy (available here); and
1.6.3 to download the App, you must also review and agree to the additional app terms set out in appendix 1 to these Terms and any other terms and conditions imposed by the app store from which you have downloaded the App
2. Accessing the Website/App
2.1 The Website and the App are each made available free of charge. We do not guarantee that the Website or the App, or any content on them, will always be available or be uninterrupted. Access to the Website and/or the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website and/or the App without notice. We will not be liable to you if for any reason the Website and/or the App is unavailable at any time or for any period. We may update the Website and/or the App and/or change the content on them at any time.
2.2 You are responsible for making all arrangements necessary for you to have access to the Website and/or the App. You are also responsible for ensuring that all persons who access the Website and/or the App through your internet connection are aware of these Terms and that they comply with them.
2.3. The Website, the App and the content on them are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.4. You may only use the Website and the App for your own domestic, private and non-commercial use.
3. Your account and password
3.1 You will need to register an account with us on the Website or the App in order to access certain services available on each of the Website and the App ("Account"). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
3.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at help@tennistv.com
3.4. You are responsible for any unauthorised use of your Account login details.
4. Acceptable use
General
4.1 You agree not to:
4.1.1 use the Website or the App to develop or provide, directly or indirectly, any product or service that competes with our business;
4.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the Website or the App (to the extent that such use if not licensed or otherwise permitted under these Terms);
4.1.3 modify, decompile (to the maximum extent permitted by applicable law) or reverse engineer any software supplied as part of, or in connection with, the Website or the App;
4.1.4 use the Website or the App by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website or the App for use within a third party website or application;
4.1.5 collect or harvest any information or data from the Website or the App or our systems or attempt to decipher any transmission to or from the servers running the Website or the App;
4.1.6 copy, or otherwise reproduce or re-sell any part of the Website or the App unless expressly permitted to do so in these Terms;
4.1.7 to the maximum extent permitted by applicable law, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or the App or its contents, or attempt to do any such thing;
4.1.8 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website or the App;
4.1.9 not to make alterations to, or modifications of, the whole or any part of the Website or the App, or permit the Website or the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.10 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.1.11 not to provide or otherwise make available the Website or the App in whole or in part (including object and source code) in any form to any person without prior written consent from us;
4.1.12 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Website and/or the App;
4.1.13 use the Website or the App in any way that breaches these Terms or any applicable local, national or international law or regulation;
4.1.14 copy, or otherwise reproduce or re-sell any part of the Website or the App unless expressly permitted to do so in these Terms; or
4.1.15 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website or the App,
and you also acknowledge that you have no right to have access to the App in source-code form.
User Generated Content
4.2 If it is the case that you supply/upload any content to the Website and/or the App – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2 it must not harass or bully another person;
4.2.3 it must be true and honest so far as you know;
4.2.4 it must not be defamatory of anyone;
4.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6 it must not contain any spam, such as advertisements for other websites;
4.2.7 it must not contain repetitive or continuous complaints about the Website and/or the App, any content on the Website and/or the App or your subscription to the Website and/or the App (for any complaints you should contact using the details below);
4.2.8 it must not contain any personal information belonging to you or any other person or confidential information relating to other people; and
4.2.9 it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 In addition, we may from time to time provide interactive services on the Website and/or the App that shall enable you to upload User Generated Content, including, without limitation:
4.4.1 comment facilities;
4.4.2 chat rooms; and/or
4.4.3 bulletin boards,
(together "Interactive Services").
4.5 When using any Interactive Services, you should always take the following precautions:
4.5.1 keep your identity private. Do not give out your full name, postal address, telephone number, email address, the name of your school or any other information (other than that specifically requested by us) that could help someone discover your actual identity;
4.5.2 never meet with someone you met online; and
4.5.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.
4.6 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.7 Any use or reliance on any content or materials posted by other users is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted via the Interactive Services or endorse any opinions expressed via any Interactive Services.
4.8 Where we provide an Interactive Service you are not permitted to access by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Interactive Services for use within a third party website or application.
4.9 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Viruses
4.10 We do not guarantee that the Website and/or the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and/or the App and we recommend that you use your own virus protection software.
4.11 You must not misuse the Website and/or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or the App, the server on which the Website and/or the App is stored or any server, computer or database connected to the Website and/or the App. You must not attack the Website and/or the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and/or the App will cease immediately.
5. Intellectual property
5.1 We grant to you a non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with these Terms and the documents referred to in it. We reserve all other rights.
5.2 We are, as between you and us, the owner or licensee of all intellectual property rights in the Website, the App and their respective content, as well as the ATP Media name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 Without affecting your rights to access content via the Website and/or the App if you have taken out a Tennis TV subscription (for which see the Subscription Terms), you are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website and/or the App (or any part of them or their respective content) for commercial purposes; however, you may download material from the Website or the App solely for non-commercial, personal use by you.
5.4 No part of the Website or the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.5 Any communications or materials you send to us through the Website and/or the App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website and/or the App to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
5.6 Without affecting clause 5.4, you acknowledge that by supplying/uploading any User Generated Content you grant to us and those who are authorised by us, to the maximum extent permitted by applicable law, an irrevocable, perpetual, royalty-free, worldwide permission to use the materials both within the User Generated Content and in any other manner. This permission extends to copying, distributing, broadcasting and otherwise transmitting, adapting and editing the materials.
6. Our liability
6.1 Nothing in these Terms excludes or limits our liability for:
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
6.3 We only supply the Website and the App for domestic and private use. You agree not to use the Website and/or the App, or any content on the Website and/or the App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 We assume no responsibility for the content of websites linked to from the Website and/or the App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website. We will not be liable for any loss or damage that may arise from your use of them.
6.5 The Website and the App may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website and/or the App.
6.6 We will not be liable to you if our provision of the Website and/or the App or any services available through the Website and/or the App is delayed or prevented by an event outside our control.
7. Suspension and termination
If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
7.1.1 issue a warning to you;
7.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website and/or the App;
7.1.3 temporarily or permanently withdraw your right to use the Website and/or the App;
7.1.4 suspend or terminate your Account;
7.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
7.1.6 take further legal action against you; and/or
7.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
7.2 If we withdraw your right to use the App, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to use that you have done so.
8. Changes to these Terms
8.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website and/or the App (as applicable).
8.2 From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
8.3 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the App on or in relation to any Device, whether or not it is owned by you.
9. Other important information
9.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.3 If you are resident in a European Union member state and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
10. Governing law and jurisdiction
10.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
10.2 You can bring proceedings in respect of these Terms in the English courts. However, if you are a consumer who is resident in the UK or the European Union, you may bring any dispute which may arise under these Terms to - at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in the UK or an EU Member State, or otherwise the competent court of England, and you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
11. Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:
Address: ATP Media, 4th Floor, 22-24 Worple Road, London, SW19 4DD, UK
Email address: help@tennistv.com
Telephone number: +44 020 3416 6111
Thank you.
Terms last updated 13 December 2021
APPENDIX 1
Additional App Terms
The following terms and conditions shall apply to your use of the App in addition to those set out in these Terms.
For the purpose of this appendix 1, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
1. You acknowledge and agree that these Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact us as set out in clause 11 above.
3. In the event that the App does not conform with any product warranty provided for by these Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
4. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
5. In the event that a third party claims that the App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right to these Terms against you as a third party beneficiary.