This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (‘You’) of the Services, as defined below, and Bluesport Entertainment Private Limited (“Bluesport”) stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized.
Description of Service and Acceptance of Terms of Use
The [www.premierhandball.com] website (the
"Site") hosts the online video service offering a selection of sports programming (including
live streaming and highlights of sporting events), television shows, movies, clips, and other content, current or as may be added
in future (collectively, the "Content"). The Site is maintained and operated by Bluesport
Entertainment Private Limited , having its registered office at 1st Floor, 46, SVP Nagar, Four Bungalows, Andheri (West), Mumbai 400053,
Maharashtra, India (“BLUESPORT”). The video service, the Content, the player for viewing the Content
(the "Video Player") and all other features, tools, applications, materials, or other services
offered from time to time by Bluesport in connection with its business, however accessed, are referred to collectively
as the
"Services".
The Content is available for permissible viewing on or through one or more of the following platforms (collectively, the "Properties"):
The Site;
Bluesport's affiliate and distributor websites;
other websites where website operators are permitted to embed the Video Player; and
any other authorized applications, websites, features or devices launched or operated by Bluesport and/or its affiliates from time to time.
Use of the Services (including access to the Content) on the Properties is subject to compliance with these terms of use ("Terms of Use" or "Terms" or “Terms and Conditions”) and any end user agreement that may, at the discretion of Bluesport or such affiliate or third party, be required for any such Property.
By visiting the Site and or any other Property and/or using any of the Services (including accessing any Content) You are agreeing to these Terms and Conditions. Unless otherwise specified, the Service is available only for individuals aged 18 years or older. If You are under the age of 18, You should review these Terms and Conditions with Your parent or legal guardian to make sure that Your parent or legal guardian understands and agrees to it on Your behalf and further if required You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with Bluesport. Your access to and use of the Services is subject to these Terms and Conditions, the Privacy Policy (as available here [www.premierhandball.com] and all applicable laws. Bluesport may at any time revise these Terms and Conditions and Privacy Policy by updating this posting. You shall be bound by all such revisions. If You do not agree to the revised Terms and Conditions and/or Privacy Policy at any time, You may cancel your subscription to Services during the notification for renewal.
Electronic Communications
When You use/avail the Services or access the Properties or send any data, information or communication to Bluesport,
You agree and understand that You are communicating with Bluesport through electronic records and You consent to
receive
communications via electronic records from Bluesport periodically and as and when required. Bluesport will communicate with
You by email and/or any push or other message or electronic records on the email address and/or mobile number
You shall
submit to Bluesport at the time of registration for the Services, which will be deemed adequate service of
notice/electronic record.
Copyright and Trademark Rights
The Content which is viewed on the Properties (including all video, audio, graphics, text, images, photographs,
user interface and all other content and the selection, coordination, and arrangement of such Content) is
copyrighted
material of Bluesport and/or Bluesport’s licensors, and You agree not to use the Content or any part thereof except as
provided in these Terms and Conditions, without the prior written permission of Bluesport. You are prohibited from
copying,
reproducing, modifying, distributing, displaying, performing or transmitting any of the Content comprising the
Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or
right to do
so.
Bluesport (or Bluesport’s affiliates or licensors or third parties) owns all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") that appear in the Content and Bluesport or such affiliates or licensors or third parties, as the case may be, owns all Trademarks in their respective products or services, whether or not appearing in large print and with or without the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under applicable law in India and other jurisdictions. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Access and Use of the Services
Bluesport grants You a non-exclusive limited license to use the Services on the Properties, including accessing and
viewing the Content on a streaming-only basis through the Video Player, only for personal, non-commercial
purposes as set
forth in these Terms and Conditions. Any other use, including for any commercial purposes, is strictly
prohibited without Bluesport’s express prior written consent. Systematic retrieval of data or other content from the
Services, whether to
create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited
absent our express prior written consent.
Registration may be required for certain portions of the Services. No user will be granted access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the Subscription Fees, if any, associated with access to such portion of the Services. You may register for the Services using either Your personal email address or through your Facebook account and by following the instructions You receive from Bluesport pursuant to submitting your details, to complete the registration process. If you choose to register through Facebook, you will be required to enter the details of your Facebook account information on the Site. You agree and represent that the Facebook account information provided by you is true and accurate and that such account relates to you and no other person. Bluesport and/or its group companies shall be in no way responsible for verifying the accuracy of the personal information submitted by You and You shall at all times continue to remain liable for the same. You agree and confirm that by choosing to register on the Site through your Facebook account, certain information (including your friend lists and your account information) shall be accessible to Bluesport and You consent to Bluesport’s access and use of such information.
By agreeing to use/avail the Services:
1. You confirm and warrant that all the data and information supplied by You when You register for subscribing the Services and provided by You to Bluesport and or any Bluesport’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.
2. At the time of subscribing to the Service, You agree to collection of the Subscription Fee (as defined below) by Bluesport associated with the subscribed Services You select, through any of the Payment Methods using any of the payment gateways (“Payment Gateway(s)”) authorized by Bluesport. “Payment Methods” mean payment of the Subscription Fees through use of credit card/ debit card/ internet banking/ mobile payment (IMPs) or cash cards or any other payment method authorized by the Payment Gateways from time to time.
3. Upon providing your Registration Data and completing the payment of the Subscription Fees, you will be allowed to generate a unique login username and password (“Login”), which will be unique to You and shall be your identity for the purpose of using the Services. You agree to promptly update the Registration Data linked to Your Login, so that Your information remains true, current, complete, and accurate at all times.
4. You acknowledge and agree that Your Registration Data and all other personal data submitted by you to Bluesport is subject to Bluesport’s Privacy Policy available here: [www.premierhandball.com]. For more information, view the full Privacy Policy. Bluesport may collect information relating to You, including without limitation, occupation, language, pin code, area code, unique device identifier, location and the time zone where You use the Services.
5. You acknowledge, consent and agree that Bluesport may access, preserve, and disclose Your account information subject to the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Bluesport, its users and the public.
6. By using this Service You acknowledge that the subscribed Services are accessed through a computer, handheld device, mobile device, smart TV or OTT device (each a “Device”) via telecommunications/ internet connection. You are responsible for the provision of and payment for all telecommunications/ internet services and all other items of hardware or communications equipment necessary to enable You to access the subscribed Services. You are aware that video streaming uses extensive amounts of data and additional charges may be levied by Your mobile or internet service provider for such data use. Bluesport will not be responsible for any such additional data charges incurred by You. Not all features available through the Services (including but not limited to certain live streaming or high quality audio/video) will be available to you unless your Device satisfies the minimum technical system requirements that are listed on our FAQ section from time to time. As we make changes to or evolve the Services, the minimum system requirements may change. You are responsible for determining whether Your Device satisfies the minimum technical requirements before You register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that Your Device no longer satisfies the requirements, Your exclusive remedy will be to request termination of your access to the Services. Bluesport will not be responsible, nor will You be entitled, for any refunds of Subscription Fees, for disruption, unavailability, or failure in Your telecommunications equipment and/or internet connection or services or if Your Device/ other equipment/ hardware system/ internet/ telecommunication service do not conform to the minimum system requirements as stated above.
7. You may access Content using a single Login on a maximum of two Devices at any given point of time, irrespective of the platform. If You wish to access the Content from a third Device, You have to stop accessing Content through any of the previous two Devices.
8. You agree that Bluesport has the right to temporarily suspend access to the whole or any part of the subscribed Services for any technical/operational reason. Bluesport may, but shall not be obliged to, give You notice of any interruption of access to the subscribed Services, to the extent it is reasonably practicable. Bluesport will restore access to the subscribed Services as soon as reasonably practicable after temporary suspension. Bluesport shall not be liable to You for any loss that You may incur as a result of such suspension or delay. If such suspension is for a continuous period of more than ten (10) days, then upon Your written request, Bluesport shall refund or cause the refund of the monthly Subscription Fee for the relevant Subscription Period on a pro rata basis in which the aforesaid suspension occurred and this shall be Your sole and exclusive remedy for any suspension of subscribed Services by Bluesport.
9. You acknowledge that while Bluesport shall take all reasonable steps necessary to ensure a high quality video feed, Bluesport cannot control internet network congestion that may occur and affect the quality of the video delivered through the Video Player. You further agree and acknowledge that there might be delays, minor or otherwise, in transmission of the Services as compared to other forms of distribution of Bluesport network channels.
10. You agree that Bluesport shall be under no liability whatsoever to You in the event of non-availability of any portion of the subscribed Services occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure, pandemic, endemic or any other cause whatsoever beyond the control of Bluesport.
11. You acknowledge that Bluesport reserves the unrestricted and discretionary right to change, rearrange, add or delete Services offerings, the selections in those offerings/packages, prices, and any other service Bluesport may offer, at any time. Bluesport will endeavor to notify You of any such change that is within Bluesport’s reasonable control and its effective date. Unless otherwise specified, Subscriptions Fees once paid are non-refundable. Subscribed Services will automatically lapse once the Subscription Period is over.
12. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.
13. You agree that Bluesport owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Bluesport and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
14. You agree that in order to access and use the Services You will choose a unique user ID and password (the "Password") at the time of registration for subscribing the Services. Your user ID and password will be your identity for the purposes of receiving and interacting with the Services and other users through the Services. You are responsible for the security and proper use of Your ID and Password and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
Subscription Fees
1. In order to access the Services, a fee shall be charged by Bluesport (“Subscription Fee”) for the
subscribed Services. The rate at which Subscription Fee will be charged for Specific Services and packages of
Services shall
be specified on the Site from time to time and will be valid for such period of time as shall be specified
against such Services/ packages on the Site (“Subscription Period”). At the end of the
Subscription Period, You
will have the option to continue or cancel with the subscribed Services.
2. You agree to pay the Subscription Fee through the Payment Gateway authorized by Bluesport. Even though such Payment Gateway may have the look and feel of the Site, please be aware that such Payment Gateway may be governed by additional terms of use and privacy policies and it will be Your responsibility to read and understand such terms of use and the privacy policy of the Payment Gateway before making any payment. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities of any Third Party Sales Locations or any product or service provided therein.
3. You agree that Subscription Fee paid by You for the subscribed Services is territory specific and the subscribed Services shall not be available to You in case You move out of territory. For the sake of clarity it is clarified that territory shall mean the geographical area for which the Services are on the offering.
4. Bluesport reserves the right to modify the price of any of the Services/ products offered for purchase through the Site or any other Properties. Your ability to purchase services/products offered for purchase through the Site or other Properties is subject to limits established by Your internet banking account or debit/credit card issuer. You must notify us immediately of any change in Your internet banking account or credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the services/products offered for purchase through the Site, You authorize Bluesport to charge such card on a periodic basis as specified in the amount described on the Services/products purchase path(s).
Termination of Service
Bluesport reserves the right to immediately terminate or restrict Your account or Your use of the Services or access
to Content at any time, without notice or liability, if Bluesport determines in its sole discretion that You have
breached these
Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any
other business reason. You agree and acknowledge that the Subscription Fee shall not be refunded in case of
early
termination i.e. prior to expiry of Subscription Period for which Subscription Fee has been paid.
You hereby acknowledge and agree that once subscribed, until the expiry of the Subscription Period, you shall not be entitled for any reason whatsoever, to make any requests for swapping or changing the offerings and plans subscribed to by you with any other offerings or packages available on the Site or any other Properties and Bluesport shall not be liable to accept or acknowledge any such requests.
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). You agree
that Bluesport shall have the right but
have no obligation, to monitor User Material and to restrict or remove User Material that Bluesport may determine, in
its sole discretion, is inappropriate or for any other business reason. You agree to adhere to the below terms
and
conditions and not host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which You do not have any right to;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. may harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that Bluesport does not guarantee any confidentiality with respect to any User Material.
By Posting the User Material, You hereby grant Bluesport a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Bluesport is non-exclusive, royalty-free, and sub-licensable.
In no event does Bluesport assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Bluesport with respect to such User Material.
If you have any questions or complaints relating to any User Material uploaded on the site, then please contact: [www.premierhandball.com]
Your email, which must bear your digital signature or a signed written complaint should include the following information:
1. Details of the objectionable Post;
2. Details of the basis of the objection;
3. Other relevant information required by the Company to assess the complaint.
Bluesport shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that the Company’s responsibility in relation to objectionable Posts is limited to removing them post receipt of Your objections in accordance with this Terms of Use and the Company shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.
Linked Destinations and Advertising
If Bluesport provides links or pointers to other websites or destinations, You should not infer or assume that
Bluesport operates, controls, or is otherwise connected with these other websites or destinations. When You click on a
link within
the Services, Bluesport will not warn You that You have left the Services and are subject to the terms and conditions
(including privacy policies) of another website or destination. In some cases, it may be less obvious than
others that you
have left the Services and reached another website or destination. Please be careful to read the terms of use
and privacy policy of any other website or destination before you provide any confidential information or engage
in any
transactions. You should not rely on these Terms and Conditions to govern your use of another website or
destination.
Bluesport is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Bluesport. By using the Services, You acknowledge and agree that Bluesport is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Bluesport takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Bluesport is not liable for any loss or claim that You may have against an advertiser.
Support
If You have any questions, complaints or claims with respect to any of the Services, then such correspondence
should be directed to ingo@premierhandball.com.
Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details
of the Grievance Officer are provided below:
Name: Manu Agrawal
Email Address: info@premierhandball.com
Disclaimer of Warranties
You agree that use of the Services is at Your own risk. The Services including the Site, the Content, the Video
Player, user material and any other materials contained on or provided through the Properties are provided “AS
IS” and, to
the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.
Without limiting the foregoing, Bluesport does not make any warranties of fitness for a particular purpose, title,
merchantability,
completeness, availability, security, compatibility or non-infringement; or that the Services will be
uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services.
By using the Services, you represent and warrant that you will not use the Services for any purpose that is
either unlawful
or prohibited by these Terms. Bluesport reserves the right to disclose any information about you or your use of the
Services in connection with any investigations by us or law enforcement authorities as may be appropriate or
necessary to
satisfy any applicable law, regulation, legal process or governmental request.
Limitation of Liability
IN NO CASE SHALL Bluesport, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM YOUR USE OF THE
SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE
SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR MATERIAL, OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL
THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Bluesport'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW AND IF ANY SUCH LAW PROVIDES FOR LIMITATION OF LIABILITY THEN Bluesport’S MAXIMUM AGGREGATE LIABILITY
AND YOUR SOLE
AND EXCLUSIVE REMEDY AGAINST Bluesport SHALL BE LIMITED TO SEEKING REFUND OF ONE MONTH’S SUBSCRIPTION FEE. YOU AND Bluesport
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUBSCRIBED SERVICE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER
THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnity
You agree to defend, indemnify and hold harmless Bluesport, its affiliates, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but
not limited to attorney's fees) arising from: (i) Your use of and access to the subscribed Services; (ii) Your
violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including
without
limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This
indemnification obligation will survive the expiry or termination of Terms and Conditions and Your use of the
Service.
Governing Law
The relationship between You and Bluesport shall be governed by the laws of India without regard to its conflict of
law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the
foregoing, You
agree that Bluesport has the right to bring any proceedings before any court/forum of competent jurisdiction and You
irrevocably submit to the jurisdiction of such courts or forum.
Severability
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision
shall be considered severable from the remaining provisions, and the remaining provisions given full force and
effect.
Changes
Bluesport reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify
these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the
Service. Any
material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions
(collectively referred to in this Agreement as "Additional Terms") will be posted on the Site
and will be
effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Your
continued use of the Services after our posting modifications to these Terms will be deemed to constitute your
acceptance of any
and all such Additional Terms. If at any time You do not wish to accept these Terms or any Additional Terms, you
may not use the Services.
Entire Agreement
These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Bluesport governing Your
use of the Services, superseding any prior agreements between You and Bluesport regarding such use.