1. Scope of Application of the General Terms and Conditions
EEM SPRL (hereinafter referred to as "PARTNER"), with its registered office in Rue Blavier 3, 7190 Ecaussinne Belgium operates, among other things, longinesmasters.com and eemworld.com platforms.
EEM.tv is the official video and live streams platform of the PARTNER, and a platform for the exchange of information between internet users interested in equestrian sports; it is operated by PARTNER under the internet domain EEM.tv as a website (hereinafter referred to as "PLATFORM NAME" or "Website").
The parties agree that performance of the Services will commence immediately after a contract was concluded.
The User must register on PLATFORM NAME use the Services, in particular the registration only or potential pay Services.
Registration is free of charge. If a User creates several accounts by registering several times, PARTNER may delete all of the User's accounts or cancel any use of the Services.
When registering, Users must provide true and correct personal information as required in the registration form. Such information must be immediately updated in case of any change. In their profiles, Users may at any time review and change their personal information and account settings (eg administration of password or email address).
When registering, Users may not impersonate somebody else and/or violate another party's rights to a name.
3. Account, Password and Security
Every account is created by a User's registration and protected by a password chosen by the User. Every User must keep his/her password confidential, protect his/her password from access by third parties, and inform PARTNER without delay of any misuse the User becomes aware of.
Only the User himself/herself may use his/her account. The User may not pass on to third parties any access data or account-relevant information. The User is solely responsible for any use of the Services with his/her password and user name. The User is liable for any damage caused as a result of third parties becoming aware of his/her password due to his/her negligent or intentional behaviour.
If a User has forgotten his/her password or the password is used by a third party without authorisation, the User may request a new password if the he/she meets the requirements applicable to the assignment of a new password.
An account may not be transferred and all rights to the account and any content saved will expire after the User's death.
4. Ordering Process, Conclusion of Contract and free of charge periods or periods at a reduced price for the use of the Services
The presentation of the services on the Website does not represent a legally binding offer, but only an invitation to the User to order such services.
A binding contract of use comes into force with the transmission of the sales order acknowledgement (by e-mail), but latest on delivery of the ordered services. A separate notification by the User of the acceptance of the contract is not required.
5. Exclusion of Right of Withdrawal from the Contract
It is emphasised that the offered service is the delivery of digital content, i.e. services which are not stored on a physical medium. With the conclusion of the contract of use for pay services (for digital content) it is agreed that immediate use or the immediate commencement of services is available to the User. The User expressly requires PARTNER to immediately initiate fulfilment of the contract of use. Pay Services, Terms of Payment, Compensation
To use the pay Services, the User must also register pursuant to Section 2 hereof and enter into an individual contract of use by ordering a subscription offered on the Website or the digital distribution platforms of the Apps.
For the purpose of entering into such contract of use, the User must order a sub-scription to the respective pay Services provided on the Website or the digital distribution platforms of the Apps. Upon completion of the order process, the User submits a binding offer to enter into the contract of use. PARTNER, at its sole discretion, may decide whether or not to accept the order required for concluding the contract. Acceptance of the order is issued by emailing an acknowledgement of order.
The contract of use shall have the term defined in the respective specification of services and shall end (i) automatically without requiring notice of termination, or (ii) by notice of termination.
The product price of the subscription to the pay Services arises from the terms and conditions of the specification of services published on the Website or in the Apps and from the price indicated before completion of the order process. PARTNER reserves the right to amend the prices offered on the Website at any time. The amount payable for the period ordered is due either immediately or on a monthly/semi-annually/annually basis (as applicable) as set out in the terms of payment.
If the subscription is acquired via the Website, payment shall be made via the common methods of payment made available by PARTNER, including, without limitation, credit card. PARTNER reserves the right for every order to not offer certain payment methods or to refer to other payment methods. Acquisition of subscriptions via the Apps is settled solely via digital distribution platforms for application software, including, without limitation, Apple App Store, Android Market and Google Wallet. All terms of payment are subject to the general terms and conditions of the respective distribution platform.
If need be and due to agreements concluded with financial or other institutions, additional costs may arise concerning payment transfers and account management etc. Any such transaction costs will not be borne by PARTNER.
The User may use the pay Services acquired both via the Website by logging into his/her account.
6. User's Responsibilities and Obligations
The User shall in particular (i) not use the Website to disseminate information that is contra bonos mores and/or in violation of the laws; (ii) not infringe upon the rights of third parties and respect the privacy of third parties, in particular not publish or send any pestering, defamatory or threatening content; (iii) not use the Services in a manner which may cause any change in the structure of the Services, the underlying software and/or programme data; (iv) not make any attempt to decompile the source codes of the Website; (v) not alter the Services in any other manner; and (vi) refrain from using and/or exploiting any content or data of PLATFORM NAME for business purposes.
PARTNER may remove from the Website any unlawful or undesired content at any time and without consulting with the respective User, and PARTNER may take further measures, if required.
The User shall consider the interests of other participants and shall not violate their rights or the rights of third parties. Any material published by Users shall not violate any laws. Users shall comply with existing copyrights and property rights of third parties as well as any criminal provisions and regulations governing youth protection. Users are therefore, among other things, required not to disseminate any offensive, defamatory, insulting, threatening, seditious, obscene or racist statements.
In case of any permitted use of property rights of third parties, the User is required to maintain and observe without any change all existing references to the property rights. When transmitting data or other content to PARTNER, the User guarantees that he/she has the right to use the content represented by such data.
Compliance with the rules of conduct applicable to internet users and other net-works ("Netiquette") is mandatory.
It is not permitted to grant public access to or to disseminate any content including programmes or files which may damage the hardware or software of PARTNER or other Users (eg viruses, worms, Trojans, etc.).
It is not permitted to present in public any content of the Website and/or the Apps without prior consent. This includes, but is not limited to, any presentation in restaurants of whatever form, any presentation in shops which allow visitors to conclude (sports) bets, any presentation at public places and any presentation at public events which may be visited only against payment of admission fees.
If the User affects the Services technically (eg ad blocker), PARTNER reserves the right to exclude the User from any or all Services.
To the extent such monitoring is permitted by law, PARTNER is entitled, but not required, to monitor content and acts of use within the scope of the Services.
6. Basic Technical Conditions
The basic technical conditions applicable to the use of the Services are set out in the respective specification of services provided to the User on the Website.
PARTNER warrants that the Services are available at a rate of 97% on average per year, except during periods at which the Services are not available via the internet due to technical or other problems not within PARTNER's control. PARTNER does not guarantee that the Services are permanently retrievable. In particular technical failures caused by force majeure may result in Services not being retrievable without interruption.
Faultless use of the Services and content requires that the User has compatible equipment and software, including, without limitation, a compatible version of the operating system provided for the Services. It is recommended that Users use the latest version of the necessary software.
Before using the Services, the User shall (i) check whether the hardware and software used by the User allows using the Services; and (ii) ensure that the equipment used for using the Services has appropriate internet access as well as the minimum system requirements needed for the Services. PARTNER is not responsible if certain browsers or browser settings, computers, TV sets, mobile terminals, or applications used by the User do not work. The same holds true for the content of the Services and poor image quality in connection with the transmission of data to the User.
PARTNER reserves the right to exclude the User from using the pay Services on two terminals at the same time, by using technical devices (session control).
PARTNER is liable for any property damage and pecuniary loss only in case of wilful misconduct by its legal representatives or vicarious agents. PARTNER is liable for any damage caused by gross negligence only if provided by mandatory legal provisions. PARTNER is not liable for slight negligence.
PARTNER and all its affiliated companies do not accept any guarantee and warranty that the Services offered on the Website meet the Users' requirements are available without interruption, punctual, secure or error-free. The User may not assert any claims for damages against PARTNER and/or its vicarious agents (eg for system failures; faulty, delayed, manipulated or abusive transmission of data), unless such claims are based on intentional or grossly negligent behavior. In addition, PARTNER is not liable for the functioning or availability of the Website.
PARTNER disclaims any liability for the content of the Website, including, without limitation, up-to-dateness, completeness and accuracy of the information offered. Any version of documents retrievable online may not correspond to the original document. PARTNER does not warrant for the correctness and completeness of own postings, postings by third parties and in particular postings by Users.
PARTNER disclaims any liability for damage caused by third parties when using PLATFORM NAME. PARTNER is liable for own errors only in case of willful misconduct or gross negligence by PARTNER; the burden of proof for such behavior shall lie with the User. In addition, PARTNER is not liable for any damage occurred due to unforeseeable events not within PARTNER control, including, without limitation, system incidents or computer failures.
PARTNER cannot influence the content of linked websites, frames, banner ads or other advertising. PARTNER disclaims any liability in connection with such content.
If a User publishes information on PLATFORM NAME or if a User's information otherwise becomes content of the Website, the respective User is responsible for such content. PARTNER expressly disclaims any liability for content or other material published by Users on the Website.
If firewalls and security certificates are offered, the User acknowledges that these do not guarantee absolute security and full operability according to the state of the art.
PARTNER reserves the right, but is not required, to check data exchanged between the participants. If unlawful behaviour is not objected to, PARTNER shall not be deemed to waive any claims against the User arising from such behaviour.
PARTNER reserves the right to give the User the opportunity to purchase some Services from partner companies or third parties. If such Services are used, a contract shall be deemed concluded only between the User and the respective partner company or third party. PARTNER does not accept any warranty for the partner companies' or third parties' capacities and is not liable for the performance of such contracts.
9. Changes and Availability of the Services
PARTNER reserves the right to unilaterally change Services at any time, either temporarily or permanently.
PARTNER reserves the right to exclude individual Users or a certain group of Users from visiting the Website as a whole or in respect of certain parts, and PARTNER may exercise such right at any time, without giving any reason and without giving prior notice to the User(s) concerned.
PARTNER shall also have the right to fully discontinue or interrupt the operation of the Website or the Apps temporarily or permanently, and PARTNER may exercise such right at any time, without giving any reason and without prior notice.
No claim whatsoever and no liability shall arise towards PARTNER from or in connection with the measures referred to in Section 10.
10. Blocking/Termination/Deletion of the Account
PARTNER may block a User's account without prior notice if the User violates the obligations hereunder.
In the event of a termination, PARTNER may delete the respective account and all related content.
With the conclusion of the contract for use of pay services, it is agreed to provide the immediate use or the immediate commencement of the services.
If, after the conclusion of a contract, an account is not used for a period of more than 12 months (ie no active login), PARTNER may inactivate the respective account and delete all content included therein.
11. Data Protection
The User agrees that PARTNER, strictly complying with applicable Belgium data privacy laws, may collect, process and use the personal data provided by the User when registering. PARTNER will store and process data in an extent and for a period necessary and useful for the operation of PLATFORM NAME and permitted by law.
Personal data shall mean any information based on which the User may be identified, including, but not limited to, first name and family name, date of birth, address, and email address. Personal data shall not include any information that may not directly be associated with the User's identity.
When registering for PARTNER's personalized Services, the User will be asked to provide personal data specified in more detail therein. By registering, the User agrees that such personal data is stored. No personal data will be stored in connection with the Services without the User's knowledge. When registering, the User is granted the opportunity to object to receiving emails from PARTNER.
In connection with access to the Website, data will be stored on the servers for backup; such data may allow identification. PARTNER will use such information to maintain service quality and prepare general statistics concerning PARTNER. PARTNER may pass on such data in an anonymized form to partners for the purpose of performing statistical analyses. No personal data will be used for that purpose.
Except with the Users' prior written consent, PARTNER will not sell or lease or otherwise pass on to third parties the personal data and it will not disclose to third parties personal data of the Users for advertising or marketing purposes or otherwise pass on such data to third parties, except to all group companies of the Sportradar Group (direct or indirect). PARTNER is entitled, however, to pass on personal data of the Users to third parties if PARTNER believes there is reasonable suspicion that content transmitted violates the rights of third parties and such third parties request delivery of their personal data. If required by law or court order, PARTNER will transmit the Users' data to any agencies entitled to receive such information.
PARTNER's employees are required to keep personal data confidential. PARTNER's employees will pass on personal data to third parties only within the scope described above.
If the Website contains links to websites of third parties, PARTNER has no influence on the collection, processing or use of personal data once a User clicks on such links. As a consequence, PARTNER does not accept any responsibility in this respect.
Effective for the future, Users, whether electronically or in writing, may revoke their consent regarding the storage of personal data at any time without giving any reason. In such case, personal data is immediately deleted. PARTNER reserves the right to block personal data for a period of six months after receipt of a revocation notice instead of immediately deleting personal data. PARTNER will exercise this right if PARTNER has reason to believe that the rights of third parties may be violated by the content placed by the User and such third parties request, or may request in the foreseeable future, delivery of personal data from PARTNER. While personal data is blocked, PARTNER will not use personal data for any purpose other than that described above.
PARTNER shall have exclusive copyrights and rights of use in respect of the Website and the content thereof. Reference to any copyrights and rights of use of third parties will be made where applicable.
The Users are required to respect the intellectual property of third parties.
Any use and any reproduction, alteration, dissemination, passing on, publication, display or presentation of the content of the Website and/or the Apps outside use of the Services is prohibited. The User may not copy, download, store and/or sell in any manner whatsoever and/or use for commercial purposes the content made available by PARTNER.
Any communications or notices to PARTNER shall be sent to the contact addresses indicated in the imprint.
Any communications or notices to Users will be sent to the email address indicated by the User upon registration. Any communications or notices relating to Services which do not require registration will be disclosed by way of a notice within the relevant Service. Users may not claim to receive separate notice in such case.
15. Final Provisions