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.
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.
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.
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
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").
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.
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
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 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:
7. COOPERATION; REMOVAL OF USER MATERIAL
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.
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)
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.
12. LAW AND JURISDICTION
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.
15. PRIVACY POLICIES
16. GENERAL PROVISIONS
16.3 If you have any queries you can write to us at:
7 Queens Square,
Ascot Business Park,
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.
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 will only pass on your information to third parties in the following situations:
REGISTRATION AND OPT OUT
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.
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.
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.
THIRD PARTY SITES
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.