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WORLD RUGBY IMAGE MANAGEMENT SYSTEM TERMS AND CONDITIONS OF USE

These terms and conditions apply to World Rugby Image Management System resource which is available at the website at http://images.worldrugby.org (the “Site”) (hereinafter referred to as the "Resource"), which is owned and/or licensed to and operated by World Rugby. World Rugby maintains the Resource as a service to you, only if and where you have been expressly authorised by World Rugby to access the Resource and you have been furnished by World Rugby with a user name and password to facilitate access to the Site (an “Authorised User”). The Resource is made available subject to the following Terms and Conditions.

Access to the Resource

The Resource and/or any part thereof, are only accessible to you if you are expressly authorized by World Rugby to access the Site and you are designated by World Rugby as an Authorised User and you use the user name and password furnished to you by World Rugby to access the Site. Pursuant to a request by World Rugby, you agree to provide World Rugby with current, complete, true and accurate information as required by World Rugby to facilitate you being expressly authorised by World Rugby as an Authorised User.

World Rugby does not permit any Authorised User to share their user name and/or password with any other person. Each Authorised User is responsible to maintain the confidentiality of his or her user name and/or password and shall be responsible for all uses via his or her user name and/or password, whether such use is authorised by World Rugby or not.

World Rugby reserves the right to revoke and/or to refuse to grant authorised access to the Site and/or to revoke and/or cancel your designation as an Authorised User at any time and in its sole discretion. Notwithstanding your designation as an Authorised User, World Rugby reserves the right to impose limitations and/or restrictions on your access to the Site and/or parts thereof (including, but not limited to temporal access restrictions) and/or may restrict availability of the Resource to you and/or of certain features and services in connection with the Resource without notice to you.

You may not assign any of your rights or delegate any of your obligations in respect of and/or in connection with your status as an Authorised User and/or in any way relating to your use of the Resource under these Terms and Conditions without the prior written consent of World Rugby.

Acceptance

By accessing the Resource you signify your agreement with, understanding and acceptance of these Terms and Conditions and all information pertaining to both the Resource and any material on it. If you do not agree to and accept these Terms and Conditions and/or are not an Authorised User, you do not have permission to access the Resource and therefore should cease using it immediately. In addition, when using particular services in connection with the Resource and/or the Site, you and World Rugby shall be subject to any guidelines or rules or additional terms and conditions applicable to such services that may be posted on the Site or otherwise brought to your attention from time to time. All such guidelines, rules or additional terms and conditions are hereby incorporated by reference into these Terms and Conditions.

These Terms and Conditions may be supplemented by additional terms and conditions and/or contractual arrangement(s) or agreement(s) (“Additional Terms and Conditions”) between you and World Rugby from time to time and/or as may be required by World Rugby in advance of World Rugby authorising your access to the Resource as an Authorised User. Such additional terms and conditions and/or contractual arrangement(s) or agreement(s) may be deemed necessary and/or may be required by World Rugby from time to time to be entered into, in respect to and in connection with the deliverance of particular services and/or goods by you to the World Rugby in connection with the Resource and/or where such services/goods are to be delivered to the World Rugby via the Resource and/or Site.

In the event of any inconsistency or conflict as between these Terms and Conditions and any Additional Terms and Conditions” which may be entered into as between you and the World Rugby, these Terms and Conditions shall prevail and take precedence only with respect to such inconsistency or conflict relating to your use of the Site and/or the Resource and your status as an Authorised User, while the validity of the balance of the terms and conditions of any and all Additional Terms and Conditions shall not be affected and shall remain valid and enforceable according to its terms.

Modifications and acceptance

World Rugby reserves the right to add to, delete any part of and/or change these Terms and Conditions at any time in its sole discretion, without notice to you, by posting changes on the Site. You are responsible for reviewing regularly information posted on the Site to obtain timely notice of such changes. Your continued use of the Resource following any such changes shall constitute your acceptance of these Terms and Conditions as modified by the posted changes.

No Offer of Service

World Rugby makes no representation that material contained within the Resource is appropriate or available for use in any particular jurisdiction. Those users who choose to access the Resource do so in accordance with these Terms and Conditions, at their own risk and are responsible for compliance with local laws and regulations.

Intellectual Property

All rights, including copyright and database rights, in the Resource and/or the Site and its contents, are owned by and/or licensed to World Rugby, or otherwise used by World Rugby as permitted by applicable law.

The names, images and logos identifying World Rugby or third parties and their products and services are proprietary marks of World Rugby and/or the third parties. Nothing stated or implied in the Resource and/or the Site is designed to grant any licence or right under any copyright or other intellectual property rights of World Rugby or any third party or to use any names, logos, pictures (including, but not limited to the image of any person or thing (in particular an image or mages of a player or group of players), trademarks or other works or content featured within the Resource. No act of downloading or otherwise copying or reproducing from the Resource and/or the Site will transfer title to you to any software or material within the Resource and/or the Site, unless express statements are communicated to you by World Rugby to the contrary.

You acknowledge and agree that World Rugby is not able to (and does not) grant you the right, in using the Resource, to use any third party intellectual property or in any manner or the right to use the logo or other intellectual property of any other third party (including, but not limited to any Member Union of the World Rugby). You shall be solely responsible and at your own cost and expense, to procure the right to use all and any such third party intellectual property from the appropriate owner.

Own Non-Commercial Use

You may view, download, and print contents from the Resource provided that the content may be used solely for information purposes and for your own personal non-commercial private use. Any other use requires the prior written permission of World Rugby and/or, in the case where the particular content from the Resource is owned and/or controlled by a third party, the authorisation of that third party (in which case, you shall be solely responsible and at your own cost and expense, to procure the right to use any content from the Resource which is owned and/or controlled by such third party). For the avoidance of doubt, World Rugby will in no way be responsible for and/or obliged to provide any assistance whatsoever to you in procuring the right to use any content from the Resource which is owned and/or controlled by a third party.

You may not copy, store in any medium (including without limitation on any other website), modify, adapt, spider (i.e. use a computer programme to collect or aggregate material from the Resource), publish, distribute by any means (including without limitation via any peer-to-peer networks such as BitTorrent), prepare derivative works from, broadcast, communicate to the public or transmit any part of the Resource or any of the content and/or material contained in the Resource or otherwise use the content for any other purpose other than as explicitly permitted pursuant to these Terms and Conditions.

You may not frame or use framing techniques (including, but not limited to displaying as, on or as part of a website) to enclose any trade mark, logo, content or other proprietary information or content (including images, text, page layout, or form) of World Rugby or from the Resource for any purposes without the express written consent of World Rugby

You shall not link the Site to any other website, or use any meta tags or any other "hidden text" using World Rugby's name or trademarks, without the express written consent of World Rugby. You may not use any World Rugby logo or Rugby World Cup logo or other proprietary graphic or trade mark as any button or link to the Site without express written permission from the appropriate owner in each case.

All and any contents viewed, downloaded, and/or printed from the Resource shall not be altered or manipulated, added to, or have any part deleted. Furthermore, any and all visible or invisible electronic watermark, copyright or proprietary notices contained within the contents or any other material of the Resource and/or on the Site shall not be not modified or removed without the prior written consent of World Rugby.

Without prejudice to the generality of the foregoing, the prohibitions set out herein apply without limitation to any audio recording or commentary, visual or audio-visual works (whether live, delayed or recorded), data, statistics, live scoring services, text commentary services, reviews, articles, trademarks, logos or photographs (or any part of any of the foregoing) that appear on the Resource.

You agree to use the Resource only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Resource by World Rugby, other Resource users and/or any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and (in respect of the Site) the transmission of obscene, defamatory or offensive content or disruption of normal flow of dialogue.

You do not acquire any ownership rights to any content, document or other materials viewed, download, and printed by you from the Resource and/or through the Site. Any unauthorised use terminates the permission or licence granted by World Rugby and shall constitute a clear and material breach of these Terms and Conditions.

Disclaimer

Your use of the Resource is on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to (to the extent permitted by law) implied warranties of satisfactory quality, suitability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will World Rugby be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use of the Resource or any information or material contained therein or loss of connectivity, data or profits, whether in action of contract, negligence or other tort action, arising out of or in connection with the use of the Resource.

World Rugby does not warrant that the functions, services and facilities contained or provided by the Resource will be uninterrupted, timely, secure or error free, that defects will be corrected, or that this Resource, the Site or the server that makes the Site available are free of viruses, bugs, spyware or similar flaws or represent the full functionality, accuracy, and reliability of the materials.

Any material downloaded or otherwise obtained through the use of the Resource or the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or device with which you access the Resource as well as for any loss of data that results from the download or use of any such material.

Contribution

If you submit any contribution to the Site or to World Rugby (including without limitation any text, graphics, photo, video or audio) you are required by such submission to grant World Rugby a perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, reproduce, modify, adapt, translate, create derivative works from, publish, distribute, broadcast, transmit, communicate to the public, perform, play, and exercise all copyright, database rights, publicity rights and other intellectual property rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or hereinafter developed for the full term of any rights that may exist in such content, consistent with the privacy restrictions set forth in the World Rugby Image Management System Privacy Policy which is available on the Site at http://images.worldrugby.org, and to authorise third parties to do any of the same. If you do not wish to grant such rights to World Rugby, it is suggested that you do not submit your contribution to the Site or to World Rugby. You also waive irrevocably on a perpetual basis (or, where such waiver is not permitted under the laws of any jurisdiction, agree not to enforce) any moral rights or rights of paternity which may exist in your contributions.

By submitting your contribution to the Site or otherwise to World Rugby, you also warrant that such contribution: (a) is your own original work and/or that you have the right to make it available and/or to licence it to World Rugby for all and any of the purposes that may be specified in these Terms and Conditions, (b) is not defamatory or offensive, untrue, racially offensive or an incitement to facial hatred or otherwise in breach of an individual’s right to privacy of Human Rights or actionable by law in any jurisdiction and (c) does not infringe any law or the rights of any third party.

Submitting Contribution

You can submit your contribution to the Site through the online submission form on the Site at http://images.worldrugby.org and by following the instructions on the online submission form. You must complete the details requested in all the fields of the online submission form.

You acknowledge and agree World Rugby will not automatically upload your contribution onto the Site and that World Rugby will have sole discretion as to whether it decides to upload your contribution onto the Site and/or to incorporate it as part of the Resource. You furthermore acknowledge and agree that all and any contributions submitted by you may be examined or otherwise reviewed from time to time by World Rugby (in particular, with regard to the appropriateness of the contribution), although World Rugby is not obliged to examine and/or review same.

World Rugby may delete, move, withdraw and/or edit contributions to and content of the Site in whole or in part, for any reason, at any time, without reason and/or notice to you and without giving rise to any claim by you against World Rugby for so doing. Any contributions, which in the reasonable view of World Rugby, may be actionable or otherwise objectionable and/or may violate applicable law, may be reported by World Rugby to appropriate law-enforcement bodies without further notice to you. All decisions by World Rugby in connection with uploading your contributions onto the Site are final and may not be appealed.

You agree that World Rugby have the right to revert to you at any time in connection with any aspect of the contribution submitted by you and/or the details requested on the online submission form. You agree to provide any relevant assistance to World Rugby in connection with submitting your contribution to the Site. Furthermore, you agree that World Rugby can use the details requested in all fields of the online submission form in relation to your contribution being submitted on the Site and in connection with the Resource.

Otherwise than submitting your contribution to the Site through the online submission form on the Site at http://images.worldrugby.org you may submit your contributions to World Rugby via alternative means, subject to prior consultation with World Rugby and the prior agreement in writing of World Rugby.

World Rugby is not responsible for the loss, deletion, failure to store, submission or untimely submission of any content submitted to and/or transmitted through the Site and/or via any and all alternative means as may be agreed between you and World Rugby.

Privacy

World Rugby is firmly committed to safeguarding your privacy. Please see World Rugby Image Management System Privacy Policy which is available on the Site at http://images.worldrugby.org.

No Confidential Information

World Rugby does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to World Rugby via the Site or otherwise will be deemed NOT to be confidential. By sending World Rugby any information or material, you grant World Rugby an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that World Rugby is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW World Rugby WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE RESOURCE OR THE SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF World Rugby IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

As a condition of use of the Resource, you agree to indemnify World Rugby and its affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting from your use of the Resource.

Security

If you communicate with World Rugby by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Resource that prevent or restrict use or copying of any content of the Resource or enforce limitations on use of the Site or the Resource.

Termination

World Rugby reserve the right at all times to terminate, upon notice to you and for any reason, including for your violation of any of these Terms and Conditions, your licence to access the Resource and your status as an Authorised User.

General

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere within the Resource relating to specific material then the latter shall prevail.

Whether the Site and/or Resource is accessed from England or Wales, or from outside the United Kingdom, these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales without regard to conflicts of law principles. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of England and Wales.

These Terms and Conditions were last updated on 26th June 2008.

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