Ryder Cup Challenge - Terms & Conditions
Last Updated: 28/09/12 10:50am
Welcome to The Ryder Cup Challenge online play along game (the "Game"). The Game is owned by British Sky Broadcasting Limited ("BSkyB") and Monterosa Productions Limited, operated by Monterosa Productions Limited and brought to you by Sky Sports. BSkyB is a company registered in the United Kingdom with its registered office at Grant Way, Isleworth, Middlesex TW7 5QD, Monterosa Productions is a company registered in England and Wales with its registered office at S2 Great Eastern Street London EC2A 3EP.
1. Terms and conditions of use:
1.1 These Terms and Conditions of Use set out important information regarding your rights, obligations and the restrictions that may apply when you play the Game.
1.2 These Terms and Conditions of Use govern the relationship between you and BSkyB and Monterosa Productions Limited when you access and use the Game. Any reference to "you" or "your", means you as player of the Game. For our contact details please see the end of these Terms and Conditions of Use.
1.3 You should read these Terms and Conditions of Use carefully before playing the Game. By accessing and continuing to play the Game you agree to be legally bound by them. Lf you do not agree with any of our Terms and Conditions of Use then you should not play the Game.
2. Playing the Game:
2.1 In playing the Game you agree that you will do so only for your own personal, non-commercial use. No licence is granted to use any intellectual property or other right in or to the Game in any manner whatsoever. Any copying, reproduction lending or hiring, public performance, broadcasting or any other form of distribution of the content of the Game other than in accordance with these Terms and Conditions of Use is prohibited and will constitute a copyright infringement. This includes downloading or printing material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on this Game. The design, arrangement and look and feel of this Game is also the copyright of BSkyB & Monterosa and may not be copied or otherwise reproduced.
2.2 The Game is currently free to play and you acknowledge that the Game is not a competition and that there is no prize available to be won from playing the Game.
2.3 lf a play anytime version of the Game is available, you acknowledge and understand that separate terms and conditions apply to that version of the Game and you will be informed of those terms and conditions when playing that version of the Game.
2.4 You are responsible for all costs associated with your use of the Game and the Play along Application Process including but not limited to: mobile network usage costs, data usage costs and costs associated with your internet provider. We accept no responsibility for any charges you may incur. We recommend that for a better game experience, and to reduce any mobile network charges you might incur, you use an available wireless network.
3. Restrictions on Your Use of the Game:
3.1 You will not do anything that may cause damage to the Game or our servers, systems or equipment or those of third parties, nor access or attempt to access any users'data or penetrate or attempt to penetrate the Game's security measures.
3.2 You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim or legal action brought against us by any third party in respect of any matter arising from your use of the Game in breach of these Terms and Conditions of Use or from your violation of any applicable law or regulation.
3.3 We reserve the right to suspend, restrict or terminate your access to the Game at any time at our sole discretion.
3.4 We may also ban or suspend you (at our discretion) as a player of the Game if you do not comply with these Terms and Conditions of Use.
4. Intellectual Property:
4.1 All intellectual property rights in the Game (including but not limited to the design, arrangement and look and feel of the Game) shall remain at all times the property of BSkyB or BSkyB's licensors.
4.2 The names, images and logos identifying BSkyB, Monterosa and/or Sky Sports, and their products and services contained in the Game are proprietary marks and may not be reproduced or otherwise used without express permission.
4.3 Nothing contained in these Terms and Conditions of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of BSkyB or of any third party.
5.1 The Game uses security technology to protect the material and content contained in the Game. You may not attempt to, or assist, any other person to remove or otherwise alter or interfere with any security technology used in connection with the Game, nor may you permit or assist in any way any third party to use the material or content made available by us via the Game in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Game by, any third party.
6. Privacy, Data Protection and Registration:
7. Play along Application Process
7.1 The BSkyB Play along Application Process is only available to Participants in the Game. A participant is defined as someone who has predicted the outcome of play during the Ryder Cup.lf you are a Participant you will be invited to supply your email address in order to start the Play along Application Process. BSkyB will keep your email address secure and will not pass your email address on to any third parties who are not involved in the Game without your consent.
8.1 The Game is provided on an 'as is' and 'as available' basis. We do not guarantee that the Game will be available on the Website and we cannot promise that the Game will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Game may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control or otherwise at our sole discretion. We will not be liable to you or to any other person in the event that the Game discontinued, modified or changed in any way.
8.2 We reserve the right to change the Game or delete content and/or features and/or any of part of the Game in any way, at any time, and/or for any reason as we may elect from time to time.
8.3 We do not accept any liability for:
8.3.1 any damage or loss caused to you; and/or
8.3.2 any loss or damage which may result from playing the Game including, without limitation, loss due to any computer virus or viruses which may infect your computer equipment and/or your mobile phone as a result of your access to or use of the Game and/or
8.3.3 any failure, any suspension and/or any termination of access to the Game arising out of a force majeure event (in these Terms and Conditions of Use, a "force majeure" event shall include, without limitation, strikes, lockouts or other industrial disputes, nuclear accident or acts of god, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents]; and/or
8.3.4 any claims brought against you by a third party.
8.4 These Terms and Conditions of Use shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game, including where the damage or loss results from our breach of these Terms and Conditions of Use.
8.5 Nothing in these Terms and Conditions of Use will restrict your statutory rights as a consumer or limit our liability for death or personal injury resulting directly from our negligence or for fraud.
8.6 For the purposes of this clause 8 a reference to the Game includes a reference to the Play along Application Process.
9.1 lf any provision of these Terms and Conditions of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions of Use which shall remain in full force and effect.
9.2 If any provision of these Terms and Conditions of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions of Use which shall remain in full force and effect.
10. Law and Jurisdiction:
10.1 These Terms shall be governed by and interpreted in accordance with the laws of the United Kingdom and the English courts shall have exclusive jurisdiction over any disputes.
These Terms and Conditions of Use were last updated on 20 September 2012. Please note that we may update and amend these Terms and Conditions of Use from time to time and any changes will be posted on the Website. However, it is your responsibility to ensure you review these Terms and Conditions of Use regularly to familiarise yourself with any changes. We will not file or store a copy of these terms for each transaction by you via the Website. We therefore recommend that you store or save a copy of these Terms and Conditions of Use for future reference.
12 Contact Details:
12.1 You can contact BSkyB with any questions, queries or complaints at http://www.skysports.com/contactus.