ESPN America Resource Center – Terms and Conditions of Use
 

The ESPN America Resource Center ("Site") is owned and operated by ESPN (Europe, Middle East, Africa) Ltd, a company registered in the UK (herein referred to as "ESPN," "we," "us," or "our").

This is a legal agreement between you ("User") and ESPN. Please read these Terms and Conditions of Use ("Terms") carefully before using this Site. By using this Site or by clicking a box that states that your acceptance, you signify your agreement the Terms. If you do not agree to these Terms, you may not use this Site.

The purpose of the Site is to provide those Users authorised by ESPN with proprietary press and marketing material and other information ("Content") belonging to us and to third parties subject to these Terms.

NOW THEREFORE, the parties agree as follows:

User Name and Password

(a) We agree to provide User with a unique user name and password ("Access Code") to enable User to access the Site. We may, at any time and at our sole discretion, rescind User's access to the Site in accordance with these Terms.

(b) User must keep User's Access Code confidential and must ensure that it is not disclosed to any other person.

(c) User is entirely responsible for any and all authorised and unauthorised use of User's Access Code. User must notify us immediately upon becoming aware of any unauthorised use of User's Access Codes or any other breach of security.

(d)User may only use the Access Code that has been assigned to User. Use by User of another person's Access Code is forbidden.

(e)The Access Code issued to User will allow access only to certain designated section of the Site. User must not hack into or otherwise attempt to access other areas of the Site to which User has not been granted access.

Use of the Site

(a) All Content contained on this Site is our copyrighted property or the copyrighted property of a third party. All trademarks, service marks and trade names are proprietary to us and/or our licensors or licensees. We may change this Site or delete or change Content or features at any time, in any way, for any or no reason.

(b) Except as we have specifically agreed and instructed no Content from this Site may be   used, reproduced, transmitted, distributed or otherwise exploited other than as follows:

(i) The Content shall only be used for the purpose of promoting the ESPN America television channel and in accordance with these Terms;

(ii) The Content must not be used in any way that criticises, ridicules or otherwise reflects badly on the ESPN America channel;

(iii) All printed and electronic copies of the Content must retain and/or reflect any copyright or other legal notice that appears on such material when accessed on the Site;

(iv)  The Content will not be used in any defamatory or indecent manner and will not infringe the intellectual property or data privacy rights of any third party or be otherwise unlawfully used.

(c) ESPN may suspend or terminate your access to this Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

(d) We may at any time vary or amend these Terms by written notice, which notice may be given electronically to User via the Site. If User continues to use the Site after User has been notified of any changes to the Terms, User will be deemed to have accepted those changes.

(e) We will endeavor to give User reasonable notice of any schedules interruptions which are likely to materially affect the use of the Site, however User acknowledges that from time to time there may be interruptions in the availability of, access to and links from the Site. ESPN accepts no responsibility for harm or commercial inconvenience caused by these interruptions.

(f) User is advised to use appropriate anti-virus software. ESPN does not guarantee that the Site will be free from viruses, and we are not responsible for any damage caused by viruses.

Links to Third Party Websites

(a) The Site may contain links to third party websites over which we have no control. We make no representations or warranties as to the accuracy or legality of the contents of third party websites and use of these websites is at User's own risk. We do not endorse any merchandise, or any of the information, content or materials contained on any third-party site.

(b) These Terms do not apply to our other websites or services; use of such websites and services shall be governed by the terms and conditions for those websites and services.

Indemnification

User agrees to indemnify, defend, and hold us, our affiliates, agents, representatives and other authorised users harmless against all costs, claims, losses, or expenses incurred by or made against us and/or our affiliates as a result of any breach by User of the Terms, including, without limitation, third-party claims that provided Content infringes on the intellectual property rights of such third party. You shall use your best efforts to cooperate with us in the defense of any claim. ESPN reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

Limitation of Liability

(a) The Content is not intended to constitute professional advice, including without limitation, marketing, advertising, consulting, investing, or general business advice. The User should not rely on the Content in any business decision.

(b) Subject to Paragraph 5(d) below, the Site is provided on an "as is" and "as available" basis, and ESPN expressly disclaims all conditions, warranties and representations expressed or implied by statute, common law or otherwise including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Use of the Site is at the User's own risk. Subject to paragraph 5(d) below, neither we nor any of our affiliates, or any partners, principals, managers, members, stockholders or employees of ours or theirs will be liable for any special, direct and indirect, foreseen and not foreseen, present or future, incidental, consequential (including, without limitation, loss of savings or goodwill or any additional expenses incurred or rendered nugatory), loss of profit, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort/depict (including, without limitation, negligence) or otherwise, relating to the use of the Site.

(c) Although we will take reasonable steps to maintain the continuity of the Site, we accept   no liability for any suspension, interruption, temporary unavailability, loss of data or fault occurring in the Site or any of the consequences thereof. We will take reasonable steps to protect the Site from unauthorised access; however, the Internet is not secure and, therefore, we accept no liability for any breach of the security of the Site, whether arising as a result of our allocation of access rights or otherwise.

(d) Nothing in these Terms shall operate to exclude or restrict our liability for death or personal injury resulting from negligence, fraud, or where such exclusion or restriction   would not be permitted by law.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and the courts of that country shall have exclusive jurisdiction and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Termination

(a) These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation, whether made under these Terms or otherwise. In the event that you terminate these Terms, you agree to notify us of such termination by sending notice of such termination by certified mail:

ESPN America Resource Center
3 Queen Caroline Street
Hammersmith
London W6 9PE
United Kingdom

(b) ESPN may immediately terminate these Terms with respect to you without cause but upon notice to you in our sole discretion. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise.

(c) The provisions of these Terms which by their nature should survive the termination shall so survive such termination.

Privacy Policy

If we solicit and you provide personally identifiable information as part of any submission, except through a feature or activity that clearly involves the public use or display of personally identifiable information you provide, our ESPN America website Privacy Policy applies.

General

(a) These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understanding and discussions with respect to such subject.

(b) User may not assign this agreement without written permission from ESPN. ESPN may assign this agreement in our sole discretion.

(c) If any of the terms herein is found to be unenforceable, the remainder of the terms shall continue to apply.