1. Acceptance of Terms of Service

   1. By using or accessing this website (which includes all content available through and content hosting services provided via the www.isporty.com domain name and your isporty mailbox (the "Website")), you agree to be bound by, confirm that you are fully able and competent to comply with and understand:

      1. these terms and conditions (the “Terms of Service”) and
      2. isporty’s privacy policy (which is incorporated herein by reference and which can be viewed at the Privacy Policy).

      Please read these Terms of Service carefully. If you do not agree to any of the terms in these Terms of Service (which includes, for the avoidance of doubt, the Privacy Policy), then you may not use and should immediately cease accessing the Website.

   2. isporty (also referred to herein as “we”, “our” or “us”) may, in its sole discretion, revise or modify these Terms of Service from time to time, and may modify, suspend or terminate the Website at any time and without notice. We may attempt to notify you if we make major changes to these Terms of Service or the Website; nonetheless, we recommend that you periodically review these Terms of Service to note any changes thereto. By continuing to use or access the Website, you agree to be bound by, and your use of this Website shall be governed by, the Terms of Service in effect at the time of such use or access including any modifications or revisions thereto.

2. isporty Website

   1. The Website enables Registered Users (as defined in clause 3.1 below) to submit, post or upload a variety of content, including but not limited to images, videos (visual, audio and audio-visual) and blogs (“Content”) that Registered Users own or to which they have the necessary rights ("User Content") and which can then be viewed by third parties. These Terms of Service apply to all users of the Website (“Users”), whether or not such Users have contributed Content to the Website.

   2. The Website may contain links to third party websites that we do not own or control. We cannot censor or control the content of such third party websites and as such accept no responsibility or liability for the content, terms and conditions of use, privacy policy or practices of such websites. In using this Website, you expressly agree that we shall not be held liable for any liability whatsoever resulting from or in connection with your use of such third party websites.

   3. Whilst the Website will normally be available, there will be occasions when the availability of the Website will be interrupted for scheduled maintenance or upgrades, emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Additionally, our normal policy is to only delete Content that violates these Terms of Service; however, we reserve the right to delete any Content for any reason whatsoever, without prior notice or any liability to the User or any third party. Consequently, we encourage you to maintain your own backup of your User Content.

3. Registered Users

   1. In order to access certain features of the Website, including uploading User Content, you must create an isporty account, which will require you to provide complete and accurate information (and to update that information as and when necessary). Once you have created an account, you will be a "Registered User". Your isporty account is solely for your own personal use and you must never use another person’s isporty account without their express permission. You are responsible for safeguarding your password and should not permit any third party to use your isporty account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorised such activities or actions, and must immediately notify us of any unauthorised use of your password.

   2. You acknowledge and agree that we will not be liable for any losses you sustain as a result of any unauthorised use of your account, but that you may be liable for any losses sustained by us or third parties as a result of or in connection with such unauthorised use.

   3. Once you become a Registered User, we will allocate your own isporty mailbox for your use solely in accordance with these Terms and Conditions and for its intended purpose in conjunction with, and for the purposes of using, the Website. We reserve the right to cancel, disable and block your isporty mailbox at any time and without notice to you. We recommend that you back up any e-mails stored in your isporty mailbox.

   4. You consent to and agree that we may send you information and communications (whether required by law or not) in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your registration. We may provide said information and communications to you by e-mail at the e-mail address you specified when you created your account. Notices provided to you via e-mail will be deemed given and received on the date of transmission of the e-mail.

   5. Isporty will never share or sell your email address to third parties.

4. User Content

   1. You are solely responsible for any User Content that you submit, post or upload to the Website and the consequences thereof. In relation to such User Content, you warrant, represent and undertake that you own or have the necessary licenses, rights, consents and permissions to use and hereby authorise us to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable the use of the User Content in the manner contemplated by the Website and in accordance with these Terms of Service.

   2. Except for material that we license to you hereunder, we do not claim ownership of your User Content. However, by uploading any User Content to the Website, you hereby grant to us a non-exclusive, royalty-free, transferable, irrevocable worldwide licence to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Website or as otherwise notified to you. Such licence includes but is not limited to (i) adapting the format of your User Content (for example by transcoding or encoding it) to enable it to be suitably displayed on the Website; and (ii) displaying, in our sole discretion, your User Content in search results generated by the isporty search engine. In addition, in uploading your User Content, you grant to us a non-exclusive, royalty-free, irrevocable and worldwide right to sublicense to other third party websites the right to copy, modify, prepare derivative works from and distribute your User Content. Furthermore, you provide your consent for isporty personnel, including isporty contractors and service providers, to view your User Content at any time for the purpose of maintaining the Website and filtering content that violates these Terms of Service. You acknowledge that you are solely responsible for all User Content you submit to the Website. You warrant and represent that you either own the User Content or have the rights necessary to grant us the licences set out herein. The above licences will terminate within a commercially reasonable period of time after you have removed or deleted your User Content from the Website. However, you acknowledge and agree that we may retain (but not display or distribute) server copies of your user Content after such removal or deletion.

   3. We may wish to share your User Content with the British Broadcasting Corporation via its website or on television. In the event that we wish to do so, we will contact you to request your permission in each and every case prior to the sharing of such User Content in this manner.

   4. You acknowledge and agree that we do not guarantee any confidentiality in respect of your User Content. Please read the provisions of our Privacy Policy.

   5. You acknowledge, undertake and agree that you will not:

      1. submit, post or upload any material the copyright in which is owned by a third party, or any Content that is subject to confidentiality obligations or is otherwise subject to third party proprietary rights (including but not limited to copyright, trade mark, patent, trade secret, or other intellectual property right, or moral right or right of publicity or privacy), unless you are the owner of such rights or have the owner’s permission to upload the material and grant to us the licences set out herein;
      2. submit, post or upload any Content for which you do not have the consent or permission of each identifiable person (or their parent/guardian if under the age of 18) in the Content to use the name, voice, signature, photograph, or likeness of each such person;
      3. delete or alter in any way the copyright, trade mark or other proprietary rights notices appearing on any Content except your own User Content;
      4. use any meta-tags or other hidden text or meta-data utilising the isporty name, trade mark or URL without our express written consent;
      5. submit, post or upload any Content that includes hidden code within any of the Content that is unconnected to the aesthetic nature of the Content;
      6. submit, post or upload any unsolicited or unauthorised advertising, promotional materials, spam, junk mail, "pyramid schemes" or any other form of solicitation;
      7. submit, post or upload any Content or use the Website in any way that is unlawful, obscene, harmful, threatening, harassing, seditious, defamatory or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography, is deceptive, threatening, abusive, may incite unlawful action, is defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in our sole opinion;
      8. submit, post or upload any Content that contains software viruses, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading or spamming the Website;
      9. attempt to probe, scan or check the vulnerability of the Website or any of our systems or networks or breach any security or authentication measures; and/or
      10. avoid, bypass, deactivate, impair or otherwise circumvent any technological measure protecting the Website or any Content.

   6. You may access User Content solely for your own personal use in the manner intended through the normal functionality of the Website i.e. by streaming the User Content. In these Terms of Service, “streaming” is deemed to mean the one-way digital transmission of a video or audiovisual work via the Internet from the Website to your device with the intention that the data be viewed in real-time and not for copying, storing, permanently downloading or redistributing.

   7. You acknowledge and agree that we do not support, endorse or sanction any User Content or any opinion or advice contained therein and we expressly disclaim any and all liability resulting therefrom. We do not encourage, permit or authorise any infringement of intellectual property rights on the Website and we will remove any User Content if we are properly notified that such User Content infringes a third party’s intellectual property rights. User Content is made available "as is". Notwithstanding the aforesaid, you understand and acknowledge that you may be exposed to User Content that is inaccurate, indecent, offensive or objectionable and you hereby waive any legal or equitable rights or remedies you have or may have against isporty with respect thereto, and agree to indemnify and hold isporty, its officers and employees, affiliates and/or licensors, harmless to the fullest extent allowed by law in relation to all matters arising out of your use of the Website.

   8. Please do not undertake any hazardous activity or breach any law in producing your User Content. We do not condone dangerous or anti-social activity and may remove User Content that contravenes this policy.

5. Your Use of the Website

   1. Subject to your compliance with these Terms of Service and all applicable local, national and international laws and regulations, we grant you a non-transferable, non-sub-licensable, revocable right to access and view User Content, for your personal, non-commercial use only. With the exception of User Content submitted, posted or uploaded by you, you may not distribute any Content to third parties, use any Content commercially or otherwise copy, modify, distribute, publicly display or perform any Content (save as otherwise separately agreed).

   2. You hereby agree and undertake that you will not:

      1. alter or modify the Website or any part of it;
      2. access the User Content in any way or through any technology or means other than the system provided on the Website or through any other means explicitly authorised by us; or
      3. use the Website for any commercial purpose without our prior written authorisation (which includes, but is not limited to, the sale of access to the Website on another website, the sale of advertising on any website which relates in any way to User Content or the use of the Website in any way to gain advertising or subscription revenues). For the avoidance of doubt, uploading User Content which promotes a business or artistic venture shall not constitute a use of the Website for a commercial purpose hereunder.

   3. You hereby agree and undertake not to use any automated process or service to access and/or use the service (such as a robots, a spider, periodic caching of information stored by isporty or “meta-searching”). Notwithstanding the foregoing, we hereby authorise the operators of public search engines to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not archives or caches of such materials and we reserve the right to revoke these exceptions either generally or in specific cases as and when we see fit. You agree not to collect or harvest any personal information from the Website, nor to use any communication systems on the Website for commercial solicitation purposes.

   4. Save for all User Content, all text, graphics, software, scripts, photos, videos, sounds, music, interactive features and all other content, and any trade marks, service marks and logos contained therein ("Marks") are owned by or licensed to isporty. We reserve all rights not expressly granted to you in and to the Website and the Content.

6. Age Requirements

   1. If you are under 16 years of age, you will need your parent’s or guardian’s permission before you provide us with personally identifiable information, create an isporty account and become a Registered User, and submit, post or upload any User Content to the Website (the “Restricted Acts”). Prior to doing any of the Restricted Acts, you will be required to tick a box to signify that you are at least 16 years old or, if under the age of 16, you have your parent’s or guardian’s consent to do the Restricted Acts.

   2. If a parent or guardian becomes aware that his or her child (if under 16 years of age) has undertaken any of the Restricted Acts without the parent or guardian's consent by, for example, misrepresenting his or her age or falsely claiming that the parent or guardian has given his/her consent to undertaking any Restricted Acts, that parent or guardian should contact us via the “Contact Us” page on the Website. If we determine that we have collected personal information of children under the age of 16, we will immediately delete such information, any accounts believed to be held by children under 16 and any User Content which has been uploaded by such child.

7. Termination of Your Account

   1. We reserve the right to terminate a Registered User’s access to the Website if the Registered User is deemed by us (in our sole discretion) to have infringed or repeatedly infringed these Terms of Service.

   2. We reserve the right to decide whether User Content is appropriate and in full compliance with these Terms of Service as regards matters such as, but not limited to, obscene or defamatory material, pornography, or excessive length. We may remove any User Content and/or terminate a Registered User’s account without prior notice and in our sole discretion if the Registered User has uploaded User Content in violation of these Terms of Service at any time.

8. Disclaimer of Warranty

   You acknowledge and agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, isporty, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Without limiting the foregoing, isporty makes no representations or warranties about the accuracy or completeness of the information, Content or User Content on this Website, or the content of, or products or services advertised or offered by a third party through, any websites linked to this Website or featured in any banner or other advertising. isporty assumes no liability or responsibility for

   1. Content (including for the avoidance of doubt User Content), including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content submitted, posted, uploaded, e-mailed or otherwise made available via the Website;
   2. the deletion, failure to store, mis-delivery, or untimely delivery of any information or material whether on or from the Website;
   3. Website unavailability or interruptions;
   4. the defamatory, offensive, or illegal conduct of any third party; or
   5. any viruses, bugs, Trojan horses or the like which may be transmitted through or to the Website by any third party.

9. Limitation of liability

   1. In no event will isporty, its officers or employees be liable to you or any third party for any direct, indirect, special, punitive or consequential damages (including but not limited to Website unavailability and interruptions, loss of data, computer failure or pecuniary loss) arising out of your use of the Website and/or any Content or User Content submitted, posted, uploaded, e-mailed, transmitted or otherwise made available by the Website or your inability to use the Website, whether based on contract, warranty, tort (including negligence), product liability, strict liability or any other legal theory, whether or not isporty has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
   2. Any claim or action related to these Terms of Service or arising out of your use of the Website which can validly be brought in accordance with these Terms of Service may not be brought unless brought within one year. The one-year period begins on the date when the claim could first be filed. If it is not so filed, then that claim is permanently barred. This limitation applies to you and your successors.

10. Indemnity

    You agree to defend, indemnify and hold harmless isporty and its officers, employees and agents from and against any claims, damages, liabilities, losses and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in connection with

    1. your access to or use of the Website;
    2. your breach of any of these Terms of Service;
    3. your violation of any third party rights, including without limitation any copyright, trade mark right, right of privacy or any other proprietary right; or
    4. any claim by any third party that your User Content causes said party or any other party harm or damage. We reserve the right to assume exclusive control (at our cost) over the conduct of any such claim or the defence thereto, in which event you will cooperate in full with isporty in this regard.

11. Assignment

    These Terms of Service, and any rights and licences granted and obligations imposed hereunder, may not be transferred, sub-licensed or assigned by you. We may freely assign or license any of the rights and licences granted, and obligations imposed, hereunder.

12. Law and jurisdiction

    This Website shall be deemed to be solely based in England. These Terms of Service will be governed by and construed in accordance with the laws of England and Wales, without regard to conflicts of law rules. You expressly agree that the English Courts have exclusive jurisdiction over any claim or action arising out of or relating to these Terms of Service or your use of the Website.

13. General

    isporty’s failure at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. The headings in these Terms of Service are for convenience only and shall not affect the construction or interpretation of these Terms of Service. These Terms of Service, together with our Privacy Policy and any other legal notices published by us on this Website, shall constitute the entire agreement between you and isporty concerning this Website and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.

If you have any queries or concerns with regard to these Terms of Service, please contact us via the contact us page of the Website.