TERMS AND CONDITIONS OF USE
Terms and Conditions of Use
This means (among other things) that you commit to always inform all co-players on a court, thereby obtaining their consent, before you activate a Stream. You may never activate a stream if anyone present on the court object to you doing so.
Introduction & Overview
MATCHi TV AB provides MATCHi TV, a streaming platform for racket sports where users, among other things, can stream their game via Cameras connected to MATCHi TV and use any related services via their MATCHi TV account.
When you have initiated a Stream the recording (with audio and video) will be available on MATCHi TV where anyone with an internet access can watch it in real time or retroactively, unless you are a premium user who can opt to set your streaming preferences to private mode.
Below you will find some examples of features and information that become available when you choose to register a MATCHi TV account:
- ✔ create a profile and provide information, manage your account and purchase additional offerings;
- ✔ Stream your game to a wide audience or, for premium users, to watch it yourself;
- ✔ share your Streams directly with others or via media channels;
- ✔ create highlights and comment on Streams;
- ✔ view Pay-Per-View Streams;
- ✔ analyse your game, strength and weaknesses or engage a coach to review a recorded Stream or an uploaded video;
- ✔ if you are a coach, you may offer your coaching services if opting to purchase additional services offered;
- ✔ if you are a venue with a separate subscription agreement, you may be able to use MATCHi TV Studio to present your events in an effective and inviting manner and Stream to a wider audience; and
- ✔ any other optional, with or without a charge, function/feature/service which is offered from time to time by MATCHi TV.
Below you will find our Terms and Conditions of Use in their full and detailed version. Some of the information is included due to legal requirements and they might feel a bit lengthy or cumbersome – but do not hesitate to ask us if you have any questions. You can contact us as firstname.lastname@example.org. We hope you will enjoy our Service.
Terms and Conditions of Use - full and detailed version
You commit to always inform any and all co-players on a court, thereby obtaining their consent, before you activate a stream. You may never activate a stream if anyone present on the court object to you doing so.
- MATCHi TV AB, with Swedish company reg. no. 559215-8686 (the “Supplier”, “we”, “our” or “us”) provide MATCHi TV, a streaming platform for racket sports where users, among other things, can Stream their game to a wide audience, or with our premium service, to whom they wish to share it with, and thereto related features and tools and any related services (collectively the “Service” or “MATCHi TV”) available by login at our website www.matchi.tv (the “Website”).
- In order to accept these Terms and use the Service you must acknowledge that you have the necessary legal competence, e.g. that you are of legal age. If you do not have such necessary legal competence, you confirm that you have received your parent’s or legal guardian’s permission to use the Service and that your parent or legal guardian hereby agrees to these Terms on your behalf.
- By accepting these Terms, you undertake to comply with them for the use of the Service. Accepting the Terms means that you confirm that you have understood the Terms, that you undertake to comply with the Terms and that the information you provide in the Service is correct, honest and up-to-date. This means, among other things, that you commit to always informing any and all co-players on a court, thereby obtaining their consent before you activate a Stream. You may never activate a Stream if anyone present on the court object to you doing so.
- If you act on behalf of a legal entity, you accept the Terms both in your own right and on behalf of such legal entity and guarantee that you are authorised to accept the Terms on behalf of the legal entity.
- It is important for us to comply with applicable laws. These Terms will apply to the maximum extent allowed by national mandatory law in the user’s country of residence where we market the Service.
2.About the MATCHi TV Account and Streams or Streaming
- In these terms a Venue refers to an entity with which we have entered into a subscription agreement with, to provide them with the license to connect cameras to MATCHi TV and to use the Service. A Venue is usually an entity with one or more venues to provide courts to play racket sports.
- A user refers to any natural person or company who has created a MATCHi TV account and accepted these Terms to use the Service. The user is often a racket sports coach or player.
- A Venue-user refers to a user who has been authorised by us or a Venue to use the Service and for whom subscription to the Service have been procured by a Venue. A Venue-user is therefore a representative of a Venue. These Terms apply to all users and the term user apply to all users but some sections might only be applicable to Venue-user and other sections not applicable to Venue-users, and when this is the case it is specifically stated in these Terms unless it is evident from the situation at hand.
- The registration of a MATCHi TV account is free of charge if you are not a Venue-user and for Venue-users it requires a specific subscription agreement.
- It is only allowed to have one (1) account per user but Venue-users may operate more than one account if approved under a specific subscription agreement.
- You undertake to ensure that no one but you can use your login credentials and for Venue-users that only authorised representatives may use the login credentials. You shall not reveal the password to any unauthorised person and shall ensure that any documents revealing your username (e-mail address) and password are stored in a way that prevents unauthorised access to the information. You must immediately change the password or notify us if you suspect that your login credentials have been compromised.
- You can delete your MATCHi TV account at any time.
- Unless you are a premium or Venue-user, we do not guarantee a minimum period within which Streams you have activated will be available. If you upload any recordings or information, we do not guarantee it will be available for a specific time and we will not be held liable for any loss of such content which we may choose to delete from the Service at our discretion.
- Subject to these Terms, we grant the user a right to use the Service on a device owned or controlled by the user.
- The user is responsible for not using the Service in any way that is illegal or causes damage or inconvenience to others. We comply with Swedish law. We are not obliged to pre-screen or moderate any Streamed Content, however we reserve the right to remove any content or similar that we deem inappropriate or illegal. If we suspect that the user’s account or login information is misused or if the usage otherwise violates the Terms, we also have the right to suspend the user. We have the right to, irrespective of the reason, assign the user with new login details.
- In the event that it is revealed that any use of the Service or the Website by the user is in breach of these Terms, the user shall reimburse us for all reasonable costs and expenses related to such use.
4.Use of the Service, Purchases and Payments Within the Service
- You may use the Services in a manner consistent with its intended purpose.
- You may pay for features, functionalities and services provided within the Service, such as being a premium user, engaging or providing coaching services, accessing Pay-Per-View Streams, accessing Pay-Per-View Streams or any other such option that might come with a charge or a fee. We reserve the right to add or remove offerings and make it available with or without a charge or a fee. If an offering within the Service incurs a fee, it will always be clearly stated and evident to the user.
- We strive to always provide a quality Service and our coaches will use their best endeavours to provide you with professional feedback.
- We strive to always provide a quality Service and our coaches will use their best endeavours to provide you with professional feedback.
- Any purchases made within the Service may only be used in its entirety on a single occasion and they are personal and may not be transferred to another party, unless otherwise specified.
- The prices that are stated on the Website apply to your purchases and in the currency noted, including, if applicable, VAT. If the price or information listed on the Website is incorrect and you realised or should have realised that, the price or information will not apply to the purchase. In that case, we will contact you as soon as possible.
- We, and/or the payment providers we make use of, have the right to choose which payment options to offer, which can differ from time to time. The available payment options that you can choose from are always stated clearly. Additional costs may apply, depending on the option that you choose.
5.Modifications and Updates
- The Service is an online service and we will provide the version of MATCHi TV that is the most recent one available at the time of the conclusion of these Terms.
- In addition to modifications aimed at maintaining conformity, we will under certain conditions modify the features of the Service, provided that we have a valid reason for such modification and if it is without cost for you. We have a valid reason to make changes where modification is necessary in order to adapt the Service to a new technical environment or an increased number of users, if we have other important operational reasons, if we want to develop or add any type of features or contents or if we want to improve the user-experience. We will inform you of any changes in accordance with mandatory regulations.
- You always have the right to, at any given time, stop using the Service, delete your MATCHi TV account, independent of whether we have made changes or not.
6.Maintenance and Support
- Although it is our ambition, we cannot guarantee that the Service or the Website are provided without technical disruptions. We may therefore have to restrict the access thereto due to for example service, support, safety or technical reasons.
- If there is any problem with the Service you shall, to the extent that can be considered reasonable, work together with us to determine if it is the user’s hardware, software or network connection that causes problems. If not, we may not be able to help you with the problem.
- If there is any problem with the Service or the Website or if you are dissatisfied in any way, we should be contacted as soon as possible. Our contact details are stated below in section 12. We will do our best to try and find a solution to the problem as soon as possible.
- You are fully responsible for protecting your technical equipment against unauthorised use, including using appropriate anti-virus software and firewall.
7.Intellectual Property Rights
- MATCHi TV and all intellectual property rights associated therewith are, and will at all times remain, the sole and exclusive property of the Supplier. The user has no right, title or interest in or to MATCHi TV or the intellectual property associated therewith, except as expressly set forth in these Terms.
- Content on the Website and in the Service may not be used to a greater extent than is necessary for the user in order to use the Service under these Terms and in the intended manner.
- MATCHi TV owns all copyright to the Streamed Content created when a user activates a camera and thereby initiates a Stream and in case that right of ownership is not recognised for any reason, the Streamed Content together with any other information or data you may elect to send, upload, communicate, transmit or otherwise make available, or data and any intellectual property rights related thereto, through the Service by you as a user are collectively referred to as “User Content”, by entering into these Terms, you hereby grant to us a royalty-free, non-exclusive, irrevocable, perpetual, non-assignable and sub-licensable right to use (in any form and in any and all media now known or later developed), reproduce, develop and modify the User Content for the purpose of operating, developing, promoting and optimising the Service, including the right to share with Subscribers, Users and any third party through the Service and in relation to Streamed Content to broadcast it where and how we chose, in each case to the maximum extent permissible by applicable law. The above also applies to Venue-users with the exception that Venue-users always own the copyright or other intellectual property rights to the Streamed Content and subject to any personal data included in the Streamed Content which shall be processed in accordance with the subscription agreement between the Venue and the Supplier and the supplementing data processing agreement.
- You warrant that if you as a user upload anything to MATCHi TV, such as profile pictures, your own recordings, your own recordings or other information, you have the right to use such information and that it does not infringe any third party rights.
9.Right of Withdrawal
- According to mandatory EU consumer protection legislation, if you as a user are a consumer, you have the right to withdraw from your agreement with us within fourteen (14) days from the day you downloaded and accepted these Terms. Since the Service, to an extent is free to use, if you choose to exercise this right, we recommend that you do so by removing your MATCHi TV account. If you have made any actual purchases, we explain what to do below.
- When purchasing from within the EEA, you might have a right of withdrawal according to mandatory EU consumer protection legislation, with the exception of what you have consented to in this section. When purchasing a coaching service you explicitly hereby consent to the coach starting to work in order to carry out the coaching service immediately (if the coaches schedule allows) and if the coach has completed the coaching session, that you no longer have the right of withdrawal. In all other regards, you explicitly and irrevocably agree to that we may start providing our online Services to you immediately following your purchase and if you want to exercise the right of withdrawal, we may deduct a proportion of the amount paid, corresponding to your time of use until you request to withdraw.
- If you exercise your right to withdrawal, you must contact us directly and you must do so within 14 days of your purchase. If you wish, you may use one of the standard forms for withdrawal provided by the Swedish Consumer Agency, which you can find here. You do not have to give a reason for your decision but must make clear that you want to withdraw.
- You can always stop using the Service and delete your MATCHi TV account even if the above-mentioned 14-day period has passed.
- If there is something wrong concerning your use of the Service, you have the right to make a complaint during the time that these Terms apply and up to two months from the time of termination of these Terms. In the event of a successful complaint you have a right to compensation and amendment in accordance with mandatory law.
- Our liability is as limited as permitted by applicable law, and only if you are a consumer also by mandatory consumer protection law in your country of residence where we market the Service.
11.Term, Termination and Changes
- These Terms enter into force on the adoption date set out below. Your agreement with us will enter into force when you start to use the Service or register a MATCHi TV account. Your agreement with us will remain in force until you delete your MATCHi TV account.
- We reserve the right to make changes and amendments to these Terms. The latest updated version of the Terms is posted on the Website. Changes will become valid once you have accepted the Terms (when you use the Service), or thirty (30) days after we have informed you of the changes. You are entitled to delete you MATCHi TV account, stop using the Service when you become aware of such changes.
- We have the right to assign any part of our rights and obligations under these Terms without the user’s prior consent.
- If you have questions or want to file a complaint, you can contact us at our email address email@example.com or send a traditional letter to our postal address: GULLBERGS STRANDGATA 15, 411 04 Göteborg, Sweden.
13.Governing Law and Disputes
- Any dispute, controversy or claim regarding the interpretation or application of these Terms shall be governed by and construed in accordance with Swedish law and settled by public court in Sweden.
- In the event of a dispute, we follow decisions from alternative dispute resolution bodies. You can contact The National Board for Consumer Disputes (ARN), either on their website or by sending a letter to Box 174, 101 23 Stockholm.
- In some cases you, as a consumer, can also complain via EU’s web-based dispute resolution platform, which you can access here.