GENERAL TERMS & CONDITIONS

Welcome to Planetbadminton.tv. This internet TV station and website (together “the Services” and/or “the Website”) is operated by Planetbadminton.tv (a trading name within the Tinopolis group, in partnership with BADMINTON England).

PLEASE READ THESE TERMS OF USE BEFORE YOU USE PLANETBADMINTON.TV

In using this website, you agree to the following terms and conditions of use. If you do not accept any of them, you should exit this website immediately. Planetbadminton.tv reserves the right to change these terms of use from time to time and your use of the website following such change shall be deemed to be your acceptance of such change. Planetbadminton.tv further reserves the right, at any time, to charge you for accessing certain content on this website and/or to make access to certain materials subject to additional terms and conditions. See further below.

For the ‘terms and conditions of purchase’ for our paid-for content product please visit payment pages.

1. Copyright and Trade Marks

This website and its design, text, graphics, illustrations, images and video and the selection and arrangement thereof and software are copyright of Planetbadminton.tv or their licensors. The trademarks depicted on this website are the property of Planetbadminton.tv or their licensors and they retain all rights in such trademarks. You are hereby granted a revocable licence to use the aforementioned intellectual property rights for your personal use of the website and of the ‘Services’ only, in accordance with these terms and conditions and the terms and conditions of purchase.


ALL RIGHTS ARE RESERVED AND REPRODUCTION OF PART OR ALL OF THE CONTENTS OF THIS SITE IS PROHIBITED OTHER THAN IN ACCORDANCE WITH THE PERMISSIONS BELOW:

IT IS EXPRESSLY FORBIDDEN TO DOWNLOAD, COPY, REPRODUCE, TRANSMIT, RETRANSMIT, FRAME, REVERSE ENGINEER, DECRYPT, ALTER OR COMMERCIALLY EXPLOIT OR IN ANY WAY USE THE VIDEO AND AUDIO ELEMENTS OF PLANETBADMINTON.TV OR ANY OTHER MATERIAL OR CONTENT YOU DOWNLOAD FROM THE SERVICE EXCEPT WHERE PERMITTED OR SPECIFICALLY AUTHORISED SUCH AS VIA PLANETBADMINTON.TV DOWNLOAD PLAYER WITHIN THE PLANETBADMINTON.TV SERVICE OR WEBSITE OR ANY OTHER VERSION OF PLANETBADMINTON.TV.

IT IS EXPRESSLY FORBIDDEN TO COPY, DUPLICATE, DOWNLOAD ALL OR ANY VIDEO CONTENT ON PLANETBADMINTON.TV FOR UPLOAD AND DISTRIBUTION TO ANY VIDEO SHARING WEBSITE SUCH AS YOU TUBE, MY SPACE, GOOGLE VIDEO AND ANY OTHER KNOWN OF OR YET TO BE CREATED VIDEO SHARING SITE WITHOUT THE FULL WRITTEN PRIOR PERMISSION OF PLANETBADMINTON.TV

IT IS EXPRESSLY FORBIDDEN TO INSERT OR PRESENT PLANETBADMINTON.TV OR TO PRETEND TO REPRESENT PLANETBADMINTON.TV OR ANY OF ITS CONTENT AS PART OF ANY THIRD PARTY VIDEO SITE OR ANY AGGREGATED INTERNET TV OR IPTV SERVICE WITHOUT THE FULL WRITTEN PRIOR PERMISSION AND / OR PRIOR LEGAL CONTRACT ENTERED INTO WITH PLANETBADMINTON.TV

Your rights to view the content downloaded from the Service are for personal, non-commercial purposes only. You are not permitted to send any content from the Service to other people.

Permission is granted to you to download only the text based content contained on this website to a single personal computer and to print a hard copy of such materials solely for personal, non-commercial use.

Permission is granted for you to copy extracts of texts from news articles that appear on this website for non commercial supply, in text format only, to individual third parties for their personal, non commercial use, but only if: you acknowledge our website as the source of the extract and include a prominent reference to this website's URL. If the supply by you of the extract is via the internet, such acknowledgment must include a hypertext link to this website with the copy of the extracted material; and you inform the third party that the conditions set out in this Section 2 apply to him/her and that he/she must comply with them; and you re-produce the extracted material in complete and unmodified form and, if the supply by you of the extract is via the internet, that you do not frame the extract within your own website.
For the purpose of these terms, non-commercial supply or use shall mean that neither you nor any third party may charge for viewing any content or materials that have been downloaded or copied from this website nor show any part of the website or Service in public to an audience (whether for a charge or not), and that neither you nor any third party can use any content or materials from this website to attract others to buy goods or services. Any other use of materials on this website, including storage and recording (other than on a purely transitory basis to permit you to view them), reproduction, modification, distribution, re-transmission, diversion or republication, without the prior written permission of Planetbadminton.tv, is strictly prohibited. This means, for example, that you must not use on any other website any materials displayed on this website from time to time.

2. Data Protection

The information and data ("personal data") which is provided by you in connection with this website and the Services will be held on the computers and manual records of the Tinopolis group and/or Badminton England (for the purposes of this clause, “the companies”), and will be used by Planetbadminton.tv only.

The personal data shall be used by the companies for the following purposes:

i) to update and develop the companies' records and for assessment and analysis including market and service/product analysis;
ii) to assist the companies in the provision of services/products to you; and
iii) to facilitate reviews, developments and improvements to the services/products offered to you.

Planetbadminton.tv may inform you from time to time by e-mail about relevant news, information, services and products offered by Planetbadminton.tv which they believe may be of interest to you and which may be of benefit to you and help you make the best and most enjoyable use of Planetbadminton.tv. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you that is held by any of the companies. You are also entitled to require the rectification, erasure or blocking of any such information or data which is inaccurate or not up-to-date and held by the Planetbadminton.tv. If you wish to exercise any of these rights, or if you wish to opt-out of any future communication or other processing of your information or data held by the companies, please write to Planetbadminton.tv at the address below stating your full name and address and providing any other relevant information.

3. Liability

The views expressed on this website are the views of the contributors to it and not necessarily the views of Planetbadminton.tv. Planetbadminton.tv is not responsible for any material included on this site by any third party which is defamatory, abusive, obscene, illegal or otherwise in breach of any person's rights; does not make any representations or warranties that the information and/or material contained on or accessible via this site is accurate, complete or current or that use of the site is free of risk of viruses or other damage. Unless otherwise agreed in writing and except as provided in the conditions of sale, Planetbadminton.tv, shall not be liable to you for: (i) any direct loss; (ii) any loss of profits, business or anticipated savings or loss of or corruption of data or any indirect loss or consequential loss whatsoever, in each case, whether such loss arises in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise and even if Planetbadminton.tv have been advised of the possibility of such loss. This does not affect your statutory rights as a consumer under English & Welsh law.

Nothing in these terms of use shall exclude or limit the liability of Planetbadminton.tv for death or personal injury due to its negligence or for its fraud.

4. Applicable Law

These terms of use shall be governed by, and construed exclusively in accordance with, English and Welsh law. All disputes arising under these terms shall be subject to the jurisdiction of the English and Welsh courts.

5. Addresses

Planetbadminton.tv
Tinopolis Centre
Park Street
Llanelli
Carms
SA15 3YE

All rights reserved save as per these Terms of Use and the Terms and Conditions of Purchase.

For all queries or permission regarding Planetbadminton.tv please e mail support@tinopolis.com


TERMS & CONDITIONS OF PURCHASE

PLEASE READ THESE TERMS AND CONDITIONS BEFORE SUBSCRIBING FOR SERVICES

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE WITH THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES. ANDYOU ACCEPT ANY REVISED VERSION.

In clicking on the "Continue" button on the package selection page, you are entering into a legally binding agreement with Planetbadminton.tv to purchase the Services. Payment services in relation to the Services will be provided by Secure Trading. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.

For the purposes of these Terms and Conditions of Purchase, “the Service” or “Services” are more specifically defined as the service by which live video streaming, downloads and selected ‘on demand’ video archive in relation to the Yonex All-England Championships being held in Birmingham on 4-9 March 2008 (“the Event”) are provided on a pay-per-view basis, access to which is dependent upon pre-payment of a Day Pass or a Tournament Pass. In the case of users in the UK and Denmark, access to live video streaming is restricted to days 1 to 3 (inclusive) of the Event (see main website for more information).

1. Price and Payment: Our prices only cover access to the Services and do not cover any other costs that the user may incur to access Planetbadminton.tv such as ISP or telephony service provider charges. For the avoidance of doubt, you are responsible for such other costs, and for any other hardware or systems and for any other software applications that you download, install and/or operate to use the Services (including, but not limited to, any hardware, systems and/or software necessary to access the internet).

You must pay for the Service (on a Day Pass or Tournament Pass basis) before you will be able to receive it. Planetbadminton.tv may cancel or withdraw any event forming part of the Services at any time before you purchase your Day or Tournament Pass. You acknowledge that match schedules for the Yonex All-England Championships 2008 will be subject to change, as will the range of matches available under the Day and Tournament Passes, and will be confirmed on the Website.

2. Payment will be made in GB pounds Sterling and approximate equivalent currency values shown of the specific services will be stated on the Payment Template. The equivalent currentcy values will be calculated at the prevailing exchange rates before the event commences. You agree to pay all applicable charges under this contract, including any applicable taxes or charges imposed by any government entity. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

We reserves the right to refuse credit/debit card payments in our reasonable discretion. Secure Trading is the appointed payment service provider and they will process your payment on a secure site.

3. Duration and Termination: The Services are being provided in relation to a one-off event; your subscription will last for a day or for the whole tournament, as appropriate. If you have any queries relating to your subscription or its termination, you should send an e-mail for the attention of Planetbadminton.tv at the following e-mail address info@Tinopolis.com

Cancellation: Because the Services are being provided in relation to a one-off event, you will not be able to cancel your Subscription once your subscription application has been submitted and access to the Subscription Areas has been granted.

4. Planetbadminton.tv may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement or if you do not fulfil any of the technical requirements set out in clause 5. If Planetbadminton.tv terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.

5. The Services and Service Availability:
Planetbadminton.tv reserves the right to amend the nature and extent of the Services available at any time. You will need to load your PC with Windows Media Player software (which you will need to obtain). You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.

Planetbadminton.tv will use its reasonable endeavours to ensure that the Services are made available to you at all times during the Event and, in respect of archive and downloads, up to and including 31 March 2008. However, this Website is provided on an "as is" basis. In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free however Planetbadminton.tv shall use its reasonable endeavours to ensure the Service remains constant and uninterrupted at all times.

From time to time we may need to close the Website to carry out essential upgrades or maintenance. We will try to keep this to a minimum.
This does not affect any other statutory rights you may have as a consumer.

6. Technical Support: You can contact Planetbadminton.tv for technical support or customer services matters on support@tinopolis.com

7. The services remain at all times the copyright of Planetbadminton.tv and /or other content providers or our respective licencors and may not be used except where covered by this agreement without the express prior written permission of Planetbadminton.tv. Without prejudice to the foregoing, you agree that you will: use the Services for non-commercial private purposes only without making any gain and that you will not permit any other person or persons to use the Services. You must keep your password secure and never share passwords or other access codes with anyone or make them accessible to others. (If we reasonably believe that a username and password are being used in any way which is not permitted by us, we reserve the right to cancel your access to the Service immediately without notice.) You will not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person except where permitted by this agreement. As well as our right to terminate for breaches by you (clause 4) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or our Website Terms and Conditions, or if we are requested to do so by a regulatory authority.

The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

8. Liability & Force Majeure. The Maximum liability that Planetbadminton.tv is liable for is limited to the amount paid by you in respect of the services. This does not affect your statutory rights as a consumer.

We will endeavour to provide the Services using all reasonable care. Except as required by law, Planetbadminton.tv will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by:
- your negligence or failure to follow our reasonable instructions;
- any incompatibility of the Service with any other software or material on your computer, or any other factor that is outside our reasonable control;
- Planetbadminton.tv or its employees or agents in circumstances where: there is no breach of a contractual obligation or legal duty of care owed to you by us, our employees or agents; such loss is not a reasonably foreseeable result of any breach; or the extent that such loss or damage results from any breach by you of this contract.

Planetbadminton.tv shall not have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Planetbadminton.tv. including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer errors viruses or bugs, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement of any badminton match. [For the purposes of this paragraph only, if this means that you fail to receive a substantial element of the Services Planetbadminton.tv will refund such proportion of the sum pre-paid by you in respect of the Services as it decides is fair in the circumstances.]

Planetbadminton.tv does not accept any responsibility for any content provided by third parties as part of the Service. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.

9. Data Protection. The information and data which is provided by you in connection with this site will be held on the computers and manual record of Tinopolis plc and/or Badminton England (“the companies”) and will only be used by Planetbadminton.tv for the following purposes: to update and develop the companies' records and for assessment and analysis including market and product analysis, to assist Planetbadminton.tv in offering and providing their services/products to you, to enable the companies to review, develop and improve the services offered by them. The companies may inform you from time to time by email about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. See paragraph 2 of the General Terms and Conditions of Use for further detail.

10. Waiver. Any waiver by Planetbadminton.tv shall not be seen as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.

11. Right to transfer. Planetbadminton.tv can transfer its rights and obligations under this Contract to any company, firm or person, provided it does not affect your rights under this contract. You may not transfer your rights or obligations under this contract to anyone else.

12. Entire Agreement: These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you and Planetbadminton.tv. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Planetbadminton.tv.

Planetbadminton.tv employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Planetbadminton.tv. You confirm that you do not rely on, and waive any claims for breach of, any such representations which are not so confirmed.

13. Governing Law: These Conditions shall be exclusively governed by the laws of England and Wales.