Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Colorado Sports Video and its designees. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms and conditions refer to the offer, acceptance and consideration of payment necessary to provideour video recording services to the Client and to the appropriate use of our website. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Minimum Age

You must be at least 18 years of age to use our website. By using our website and by agreeing to this terms of use, you warrant and represent that you are at least 18 years of age.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company only use any information collected from individual customerson a need to know basis.We constantly review our systems and data to ensure the best possible service to the Client. Any unauthorised action against our computer systems and data will be investigated with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities.We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Acceptable Use of This Website

You must not use our website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

You must not use our website to transmit or send unsolicited commercial communications.

 

You must not use our website for any purposes related to marketing without our express written consent.

License to Use This Website

Unless otherwise stated, we or our licensors own the intellectual property rights in this website and video and audio material on this website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, the video and audio that you requested or any video in the Video Gallery section of this website for your own personal use, subject to the restrictions set out below and elsewhere in this terms of use.

You must not:

(a)       republish material from this website (including republication on another website);

(b)       sell, rent or sub-license material from this website;

(c)        reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(d)       edit or otherwise modify any material on this website; or

(e)       redistribute material from this website for a commercial purpose.

Links to This Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out in this terms and conditions will apply to your use of this website by linking to it.

Links from This Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Cookies

Like most interactive websites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

User Content

In this terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

You warrant and represent that your content will comply with this terms of use.

 

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 

You must not submit any content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

 

Notwithstanding our rights under this terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Availability

Unless otherwise stated, the services featured on this website are only available within the United States. All advertising is intended solely for the United States market. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s website.

 

This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site are trademarked.

 

All video and audio content on this website is copyright by Colorado Sports Video. All rights reserved. No part of the video and audio material can be reproduced or transmitted in any form, by any means (electronic, DVD, or otherwise) for commercial purposes without our express written consent.

Release Form

You are requesting the Company to record video and audio of the youth sports games or events listed in the reservation request of this website.

 

You represent that you have informed all participants, including but not limited to team parents and players, that the Companywill be recording video of such game or event and to the best of your knowledge all participants in the game or event are in agreement to this recording and its terms and conditions.

 

You grant the Company the right to stream, broadcast, exhibit the video and audio material, in whole or in parts as the Company may elect. This grant includes the right to use the video and audio forany lawful and respectable purpose, including promoting and publicizing.

 

You grant the Company the right to use the video and audio in any format, now known or later developed. You grant without limitation, the right to edit, mix or duplicate and use or re-use the video and audio in whole or in parts as the Company may elect.

 

We have complete ownership of the video and audio, including copyright interests, for perpetuity.

 

The Company has no financial commitment to you or any of the participants as result of recoding this video and audio material.

Limitations and Exclusions of Liability

To the fullest extent permitted by law, this Company:

 

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

 

  • excludes all liability for damages arising out of or in connection with your use of this website and the publication of the video and audio material on this website or any other medium. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), identity theft, privacy concerns, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

Nothing in this terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.None of your statutory rights as a consumer are affected.

Limited Warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that this website remains available or that the material on this website is kept up to date.

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website, the use of this website and the use of the video and audio material on this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Payment

It’s described in the website in its PRICING page, which may be amended from time to time.

Cancellation Policy

It is described in the website in its PRICING page, which may be amended from time to time.

Breaches of This Terms of Use

Without prejudice to our other rights under this terms of use, if you breach this terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.

Communication

We have several different e-mail addresses for different queries that can be found on our Contact Us link on our website. You can also contact us via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any service request which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of a service request entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any service request contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this terms and conditions or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this terms of use. No waiver of any of the provisions of this terms of use shall be effective unless it is expressly stated to be such and signed by both Parties.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of this terms of use, or arising out of any claim that you have breached any provision of this terms of use.

Law and Jurisdiction

The laws of the State of Colorado govern this terms and conditions. By accessing this website and using our services/buying our products you consent to this terms and conditions and to the exclusive jurisdiction of the Colorado courts in all disputes arising out of such access.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this terms of use without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this terms of use.

Severability

If any of this terms of use are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this terms of use and the remaining terms will continue to apply.

Other Parties

You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses or other issues, including but not limited to identity theft or privacy concerns, you suffer in connection with this website or the use of the video and audio material. You agree that the limitations of warranties and liability set out in this website disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.If you do not think they are reasonable, you must not use this website.

Notification of Changes

The Company reserves the right to change this terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to this terms of use. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Entire Agreement

This terms and conditions constitute the entire agreement between you and us in relation to your use of our website and video and audio materials on our website and supersede all previous agreements in respect of your use of our website.

This terms and conditions form part of the agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking indicates your understanding, agreement to and acceptance, of the full terms and conditions contained herein. Your statutory Consumer Rights are unaffected.

© Colorado Sports Video, Inc. 2013 All Rights Reserved