TERMS AND CONDITIONS OF USE

Who we are and how to contact us

Welcome to KOTV and our world of boxing! We are a UK subscription service providing our customers with access to unique boxing content that is only available via our site (“Services”).  https://kotvboxing.uscreen.io/ is a site operated by KOTV Limited ("We"). We are registered in England and Wales under company number 04167394 and have our registered office at 11 Nicholas Street, Burnley, Lancashire, BB11 2AL. To contact us, please email info@kotvproductions.com.

We provide an online video service offering (among other things) streaming of boxing content ("Content"). The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the Services within any country where the Services are available.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms, you must not use our site.

There are other terms that may apply to you

Please read these terms of use before subscribing to the Services. For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these terms of use. In the event of a conflict between these terms of use and the additional terms and conditions, the additional terms and conditions shall prevail.  These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy.  See further under How we may use your personal information.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Both policies are available at https://kotvboxing.uscreen.io/pages/privacy-policy

We may make changes to these terms

We amend these terms from time to time for applicable law purposes or to ensure the proper and better functionality of the Services. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Use of the Services

Your subscription with us is conditional on any required payment due from time to time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these terms of use.

You must be 18 years of age (or over) in order to subscribe to the Services.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site (including the material published on it) and in the Services (including any Content).  All material is subject to the copyright of us and/or others. All such rights are reserved.  In the event of any third party claim that the site or the Services or your use of the Service infringes that third party’s intellectual property rights, we (and not a third party payment provider) are solely responsible for the investigation, defence, a potential settlement and potential discharge of such claim.

You must not use any part of our site, the Services and any Content viewed through the Services for commercial purposes without obtaining a licence to do so from us.  The Services and any Content viewed through the Services are for your personal and non-commercial use only. When you subscribe to use our Services, We grant you a limited, non-exclusive, non-transferable, licence to access the Services and to view the Content on a streaming-only basis. Except for the foregoing limited licence, no right, title, or interest shall be transferred to you. You agree not to use the Services for public performances.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

You agree that you will:

  • use the Services for non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not permit any other person or persons to use the Services;
  • keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
  • not copy, record or store all or any part of the Services (other than as permitted by us in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
  • not alter, disassemble, decompile or reverse engineer any part of the Services;
  • not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
  • not abuse the Services or use them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else).

We reserve the right to cancel our agreement with you (or any part of it) at any time. If we cancel your agreement with us (or any part of it) after you have made a subscription payment, you will continue to have access to the Services for the remainder of your usage month.  Notwithstanding the above, We may immediately suspend or terminate your access to the Services if: 

  • We have reasonable grounds to believe:
    • your use of the Services is abusive, disruptive, excessive or against the interests of other subscribers; or
    • you are in breach of any of these Conditions; or
  • We are requested to do so by a regulatory authority.

If appropriate in the circumstances we will inform you in advance of such termination, suspension or withdrawal. However, such notification may not always be possible.

We retain the right to remove, or alter, any content made available through the Services at any time.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@kotvproductions.com.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Financial Terms

You are fully responsible for all charges relating to and equipment required for use of the Services.

As an introductory offer, we are currently not charging for the use of the Services up to and including 31 December 2019.

After this time, We will not charge you a sign-up fee and after a seven-day trial there is a monthly one pound and ninety-nine pence (£1.99) subscription fee. Your subscription will only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider and you require as a minimum a sufficiently fast broadband or 3G mobile network and an adequate broadband data allowance to stream Content. All our prices are inclusive of VAT or any applicable sales tax.

Stripe will collect payments on our behalf. During the sign-up process, you will need to provide Stripe with the information needed to collect payments. You authorise Stripe to collect payments on our behalf. When Stripe is not able to process a payment you won't be able to use/access the part of the service the failed payment relates to. For more information on Stripe go to https://stripe.com/gb/contact. We reserve the right to refuse payments at our reasonable discretion.

The fee to be paid for use of the Services will be billed on a monthly basis to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription or as otherwise specified by the issuer of your Payment Method.  You may cancel your month pass service at any time before your next month is due to start and you will continue to have access to the relevant Service until the end of that month (your 'usage month') unless We tell you otherwise.  After this time, your access will no longer be available. You may of course re-activate your month pass service at a later date.

We reserve the right to increase the price for the Services due to changing market conditions, significant increases in our costs for procuring or providing the Services or in the event of VAT changes. Any price increases shall apply at the earliest after thirty (30) days as of our e-mail notification to your most recently registered e-mail address.  For the avoidance of doubt, we will not notify you of the end of any offer period which shall expire automatically after which point you shall be responsible for the usual subscription fee.

How we may use your personal information

We will only use your personal information as set out in our privacy policy available at

https://kotvboxing.uscreen.io/pages/privacy-policy

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@kotvproductions.com.

Indemnity

You agree to fully compensate us in respect of any damages, costs and expenses (including reasonable legal fees) that we incur as a result of:

  • any negligent or wilful misrepresentation, act or omission made by you in connection with your use of the Services;
  • any negligent or wilful non-compliance by you with these terms of use; or
  • claims brought by third parties arising from or related to your negligent or wilful access or use of the Services other than in accordance with these terms of us.

For the purposes of these terms of us, “damages” also comprise liabilities that we have towards our licensors (including their affiliates) due to any of the events described above.

Liability

Subject to the remainder of this paragraph, the maximum liability of each of us and any third party right holder to you arising by reason of or in connection with the supply of the Services to you shall be limited to such damage as typically foreseeable in the event of a slightly negligent breach of a material contractual duty under these terms of use. A “material contractual duty” under these terms of use is a duty, the fulfilment of which is essential for the proper execution of these terms of use, the breach of which endangers the purpose of these terms of use and on the fulfilment of which you as the user regularly rely. Loss or damage is “typically foreseeable” if it was typically foreseeable at the time that you accepted these terms of use. We exclude our and any third-party rights holder’s liability for damages caused by a slightly negligent breach of a non-material contractual duty.

Nothing in these terms of use shall exclude or limit the liability of us and/or any third party rights holder for gross negligence or wilfulness or for death or personal injury or for its fraud. Likewise, your potential further mandatory statutory rights as a consumer shall remain unaffected.

Where the Services contain links to sites and resources provided by third parties, we have no control over the contents of those sites, resources or services. Any use of such third-party sites, resources or services will be covered by that third party's terms and conditions and privacy policy, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

For the avoidance of doubt, We shall not be liable for any circumstances that are beyond our reasonable control.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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