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1. ACCEPTANCE

The website, www.IMGReplay.com (the "Service") operated by us, IMG Media, Limited, with its registered address at Building 6, Chiswick Park, 566 Chiswick High Road, London, W4 5HR, United Kingdom (collectively "IMG", "we", "us", "our").

By using the Service, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the "Terms of Use") and the Privacy Policy (the "Privacy Policy") incorporated herein by reference.

Where permitted by local law, IMG reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By using the Service, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. IMG recommends that users review the most up-to-date version of the Terms of Use periodically.

We do not guarantee that the Service, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or using your device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

The materials provided on the Service are protected by applicable law, including, but not limited to, English copyright laws and international treaties.

2. PERSONAL INFORMATION

The personal information you submit to IMG and that IMG collects from you is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete.

If you provide information that is not accurate, current or complete, or if IMG has reason to believe that information you provided is not accurate, current or complete, IMG has the right to prohibit you from any and all future use of the Service.

3. USE RESTRICTIONS

The Service and the content on the Service, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from IMG licensors, and other materials (the "Contents") is protected by intellectual property rights under both English and foreign laws. Ownership of the Contents - in other words, ownership of all intellectual property rights in such Contents - remains with IMG or our licensors and/or partners, including without limitation WME IMG d.b.a. Endeavor, LLC. All rights not expressly granted herein are reserved to IMG and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Except as otherwise stated herein, you may not, without IMG's written permission, "mirror" any Contents contained in the Service or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit or exploit for any commercial purpose, any portion of the Service or the Contents other than as expressly authorized by IMG in writing. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the Service (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Service for anything else. These Terms of Use also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these Terms of Use.

You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Service or in the Contents.Where applicable, you shall include the following copyright notice: "Copyright © 2018, IMG. All rights reserved".

Any special rules for the use of other items provided on the Service may be included elsewhere within the Service and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.

You may not use the Service in any manner that could damage, disable, overburden or impair the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means.

You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorized to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.

IMG reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.

If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or Service ("Derivatives"), all right, title and interest (including existing and future intellectual property rights) in such Derivatives ("Derivative Rights") vest in IMG immediately upon creation. You hereby assign to IMG with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by IMG or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.

4. HYPERLINKS FROM THE SERVICE

The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, applications and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). IMG does not investigate, monitor, control or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.

IMG is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate IMG's approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with IMG.

When you use Third Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party's privacy policy.

5. NO RELIANCE ON INFORMATION

The material and Contents on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.

Although IMG make reasonable efforts to update the information on the Service, IMG make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Service is accurate, complete or up-to-date.

6. LIABILITY OF IMG AND ITS LICENSORS AND PARTNERS

The use of the Service and/or the Contents is at your own risk. The Contents of the Service could include technical inaccuracies or typographical errors.

IMG may update the Service and/or may change the Contents at any time. However, please note that any of the Content on the Service may be out of date at any given time, and IMG are under no obligation to update it. IMG do not guarantee that the Service, or any of the Contents on it, will be free from errors or omissions.

Subject to applicable law, IMG will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Service or use of or reliance on any Contents displayed on the Service.

IMG will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any Contents on it, or on any website linked to it.

Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law IMG have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Service.

To the extent permitted by applicable law, IMG excludes all conditions, warranties, representation or other terms which may apply to the Service or any Contents on them, whether express or implied.

Nothing in these Terms of Use excludes or limits IMG's liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

7. INDEMNITY

You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by IMG as a result of: (a) your use of the Service and/or Contents other than as permitted under these Terms of Use; and/or (b) your breach of these Terms of Use.

You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.

8. GENERAL

IMG makes no claims that the Contents and/or Service are appropriate or may be downloaded and/or used outside of the United Kingdom or the United States of America. Access to and use of the Service and/or Contents may not be legal by certain persons or in certain countries.

If you access, use and/or download the Service and/or Contents from outside the United Kingdom or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of IMG and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Viruses, Trade Marks, Applicable Laws, Waiver and Severability and Complete Agreement.

9. APPLICABLE LAWS

Subject to the provisions of applicable law, these Terms of Use are governed in accordance with English law. Disputes arising herefrom (and any non-contractual disputes or claims) shall be exclusively subject to the jurisdiction of the English courts. You and IMG hereby expressly consent and submit to the exclusive jurisdiction of England and Wales for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. WAIVER & SEVERABILITY

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. NOTICE AND TAKE DOWN PROCEDURES

If you believe the Contents (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting IMG (address identified below) and providing the following information:

  1. identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  2. identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
  3. your name, address, telephone number, and (if available) email address.
  4. a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
  5. a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
  6. a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.

Our address for intellectual property rights issues relating to the Service is as follows:

IMG Media Limited
IMG Media Ltd, Building 6, Chiswick Park
566 Chiswick High Road, London, W4 5HR, UK
Email: copyrightagent@img.com

In an effort to protect the rights of intellectual property rights owners, IMG maintains a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.

12. COPYRIGHT & TRADE MARKS

Unauthorized use of any IMG trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.

13. Viruses

We do not guarantee the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access and use the Service. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. IMG will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

14. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of IMG on the Service, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and IMG with respect to the use of the Service and Contents.

15. CONTACT US

To contact us, please email Replay@img.com

Terms and Conditions

IMG Replay TERMS OF USE

Welcome to www.IMGReplay.com (also referred to in these Terms of Use as “this site”). This site is owned by IMG Media Ltd (referred to in these Terms of Use as “IMG”). PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

By accessing and using this site, you confirm your agreement to these Terms of Use (“Site Terms”) and the Privacy Policy. Should you not agree to or do not want to be bound by these Site Terms, you are no longer authorized to use this site and should exit this site. IMG reserves the right, at our discretion, to amend the Site Terms, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Site Terms periodically for any changes. Your continued use of this site following the posting of changes to these Site Terms shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

By accepting the Site Terms, you represent and warrant to IMG that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Site Terms. You also represent and warrant to IMG that you will use this site in a manner consistent with any and all applicable laws and regulations.

These Site Terms apply only to your use of this site, and do not alter in any way the terms or conditions of any other agreement you may have with IMG, its subsidiaries or affiliated Federations.

PRIVACY POLICY

IMG is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE SITE AND ITS CONTENTS

This Site is owned by IMG. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, and the selection and arrangement thereof ("IMG Content"), is the property of, or licensed to, IMG or is the property of IMG’s content suppliers or licensors.

IMG’s marks indicated on the site are registered trademarks of IMG. All other marks that are not owned by IMG that appear on this site, such as those of IMG’s clients, are the property of their respective owners, which may or may not be affiliated with or connected to IMG. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of IMG or the owner of such marks.

USE OF THE SITE

This Site and the IMG Content are intended for customers and potential customers of IMG to preview, collate and purchase video archive content only. You are strictly prohibited from downloading, copying or re-transmitting any or all of the Site or the IMG Content without, a written licence or agreement with IMG and/or using the Site or the IMG Content other than for its intended purpose. All media made available on this site is strictly intended only for use within the site, including your managed account and workspaces. You represent and warrant that you will comply with all applicable laws and regulations, including but not limited to copyright and trademark laws.

Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without IMG’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

INTERACTIVE USE

This site includes content storing capabilities, ‘workspaces’ in which you and other users can gather and store IMG owned and/or managed content for planning purposes. Your use of this area of the site is at your own risk. If you select the ‘public’ option for your workspace, you agree that other users may use your collected content for their own use.

COPYRIGHT INFRINGEMENT POLICY

IMG will terminate, in appropriate circumstances and at IMG’s sole discretion, account holders who infringe the intellectual property rights of IMG, IMG’s clients or any third party.

LINKS

You should be aware that by clicking on links found on this site, you could be directed to other websites that are beyond our control. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by IMG sponsors, IMG clients, IMG events, IMG affiliates and IMG content partners (among others) that may or may not use our logo. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

IMG makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, IMG cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.

Registration Data and Account Security

In consideration of your use of the Site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site.

You are responsible for maintaining the confidentiality (as applicable) of account information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify IMG immediately of any unauthorized use of your account or password, or any other breach of security.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold IMG and IMG’s affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Site Terms, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This site offers a search feature to provide efficiency to the user. IMG explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory and/or for the completeness or accuracy of such search results.

IMG explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. IMG cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. IMG does not endorse any of the merchandise (if any) except as expressly provided, nor has IMG taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. IMG does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. IMG strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

JURISDICTION

You agree that all matters relating to your access to or use of this site, including, but not limited to all claims and disputes, will be governed by the laws of England. Any claim you make under these terms shall be subject to the exclusive jurisdiction of the courts of England (subject to appeal) and, by accepting the Site Terms you accept jurisdiction of such courts for such purposes. Any claim under these Site Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, you fail to comply with any term of these Site Terms. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Site Terms or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of the Site Terms or otherwise.

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Site Terms must be in writing and signed by IMG in order to be effective. Any rights not expressly granted herein are reserved.

QUESTIONS AND CONTACT INFORMATION

Questions or comments about the Site or Site Terms may be directed to IMG Relpay at Replay@img.com or +44 (0)208 233 6510.