1. Subject and Scope
1.1. These Conditions of Use govern the conditions of use of the service “Sport Alive” (Sport uživo) (hereinafter: the Service) and of provision of Service by Telenor Ltd. Belgrade (hereinafter: Telenor) to natural persons, prepaid and postpaid users of Telenor (hereinafter: the User(s)).
1.2. The Conditions of Use are binding on Telenor and the User(s) and shall apply to all the relations between them with respect to use of the Service, except if otherwise agreed between Telenor and the User(s).
1.3. All the issues not governed by these Conditions of Use shall be subject to provisions of individual agreements concluded between Telenor and the User(s) (hereinafter: User Agreement), as well as to the provisions of General Conditions of Provision and Use of Services in Public Mobile Communication Network Telenor Ltd. Belgrade (hereinafter: General Conditions), and the applicable laws and regulations of the Republic of Serbia.
1.4. Telenor shall have the right to change the Conditions of Use. All the changes shall be published on the Internet page www.telenor.rs and shall be binding on Telenor and the User(s) one month after publication thereof on the above mentioned Internet page. In case of changes of the Conditions of Use and the Pricelist to the detriment of the User(s), the User(s) shall have the right to de-activate the Service at no additional charges and fees for de-activation.
2. Description of Service
2.1. The Service is an Internet-based service for monitoring details related to sports events allowing the User(s) to keep abreast of games, statistics, and events in the field for more than 15 sports. The User(s) shall be able to follow the events within Service in web and mweb environments, and they will be duly informed on the Internet page www.telenor.rs about the introduction of applications related to access to the service. The User(s) will also have a discretionary right to choose to share the Content with other persons. Internet traffic when sharing information outside the Service itself will be charged pursuant to the rules of the tariff package the User(s) have selected in the Telenor network.
2.2. In order to use the Service, the User(s) shall be connected to the Internet.
2.3. In case the device is set so that applications are updated automatically, the User(s) shall automatically receive new versions of the Service at the time when such applications appear on the market, which may create additional costs for the User(s) in the form of a fee for Internet traffic in the Telenor network.
2.4. The price of Service and the commercial conditions of use thereof shall be set out by Telenor, pursuant to the Telenor business policy and the pricelist published on the Internet page www.telenor.rs. By accepting these Conditions of Use, the User(s) shall confirm that they have been informed about the content of the Service and that they have accepted all the prices and the conditions of use of the Service. Telenor shall be authorised to change the prices of the Service and/or commercial conditions and shall be responsible of informing the User(s) of these changes in advance, by publishing them on the Internet page www.telenor.rs, whereby all the changes and amendments shall become binding on Telenor and the User(s) one month after their publication on the Internet page.
2.5. Upon Service activation, the Postpaid Subscribers shall be charged for use of the Service on a monthly basis, until they de-register. De-registration of the User(s) of the Service shall be effected via 111 My Menu application and on the Telenor portal.
2.6. By activating the service, the Prepaid Subscribers shall have the right to use the service for a period of 7 days. Should they wish to continue using the Service, the Prepaid Subscribers shall have to activate it again after the expiration of that period, with payment of a fee defined in the Telenor pricelist.
2.7. All the data published in the Service shall be the sole responsibility of Sportradar AG; Feldlistrasse 2, 9000 St. Gallen; Switzerland and Telenor shall bear no responsibility for them.
3. Provision of Service by Telenor
3.1. Telenor shall provide the Service on the basis of an agreement concluded between Telenor and Sportradar AG, a company founded in accordance with the laws of Switzerland (hereinafter: Sportradar).
3.2. By activating the Service, as described under the Heading 4 hereof, the User(s) shall confirm that they have been informed and their agreement:
· That Telenor and/or Sportradar may engage third natural and /or legal persons with a view to provision of the Service to the User(s);
· That the servers on which the Service platform is located is the ownership of Sportradar;
· That the servers on which the Service and the Content are placed, may be located in other countries and not in Serbia and /or Switzerland and that they agree that the Service and the Content be placed on these servers;
3.3. The User(s) shall agree that Telenor and/or Sportradar and/or third parties engaged on the Service provision may make modifications on the servers required for the Service provision.
3.4. By accepting these Conditions, the User(s) shall confirm that they have been informed that Telenor is not responsible for functionality of the Service and that functionality of the Service is the sole responsibility of Sportradar.
3.5. Certain devices may use Internet traffic for automatic updates of different applications and systems in the background mode. This traffic is not part of the charge-free traffic provided for the Service, but shall be charged pursuant to the effective tariff of Telenor for Internet traffic, depending on the tariff package used by the User(s).
3.6. The Content, guiding the User(s) outside the scope of an application or the Service under the domainsportuzivo.telenor.rs, shall not be subject to the rules of charge-free traffic provided for the Service. This shall be charged pursuant to the effective tariff for Internet traffic in the Telenor network, depending on the tariff package used by the User(s).
3.7. Roaming Internet traffic shall not be provided and it shall be charged pursuant to the effective tariff in the Telenor network.
3.8. Telenor shall not be responsible in case of charges of Internet traffic in the Telenor network, if the User(s) has not previously properly activated the Service.
3.9. Telenor shall withhold the right to temporary partial or full suspension or reduction of quality of the Service use due to removal of defects, maintenance and construction or overload of the use of Service.
3.10. Once the User(s) spends the Internet traffic accorded on the Service activation, the used Internet traffic shall be charged pursuant to the effective tariff for Internet traffic in the Telenor network, depending on the tariff package used by the User(s).
3.11. Telenor may contact the User(s) with respect to the Service activation, registration and provision of information thereon.
4. Service activation/deactivation
4.1. In order to activate the Service, the User(s) shall accept these Conditions of Use. Upon acceptance of these Conditions of Use, the User shall have the possibility to activate the Service on Telenor systems.
4.2. With respect to the Service activation, the User(s) shall be able to use two access points.
· 111 My Menu application
· Telenor portal
By accepting these Conditions of Use, the User(s) shall confirm that they have been informed and that they agree:
· That Telenor manages the data collected by the User(s) and related to the Service provision, as well as all other services within the Service on the basis of the contractual relation between Telenor and the User(s);
· That Telenor may use the data set out herein with a view to the Service provision;
· That Telenor and Sportradar may convey the data set out herein to the persons engaged for the Service provision, solely with a view and in the scope required for the Service provision in which case these persons shall hold the position of data processors.
The provisions of this article shall not include the password which is the sole ownership of the User(s), and Telenor and/or Sportradar shall not have access thereto.
4.3. Telenor or Sportradar may send the User a text message for verification of the Service activation.
4.4. The first activation of the Service shall be free of charge as a tariff add-on for prepaid users, and the Service will be available for the period of 7 days from the date of activation, where after it shall be charged at price 95 dinars per month.
4.5. The first activation of the Service shall be free of charge as a tariff add-on for postpaid users, and the Service will be available during the promotional period of 30 days from the date of activation. If the User(s) fails to de-activate the Service prior to expiry of the deadline of 30 days of promotional period, the User(s) shall be charged for use of the Service in the current month.
Example: the Service was activated on 10 June 2014. If the Service is not de-activated by 10 July 2014, the User shall be charged for the Service use in accordance with the effective pricelist of Telenor Ltd. as if he had subscribed on 01 July.
4.6. The User(s) shall provide correct, complete and clear information for the Service activation which are necessary for activation thereof.
4.7. The User(s) shall protect and keep safe their access information and immediately inform Telenor of any unauthorised use of the User name and/or other security violation.
4.8. The User(s) shall be solely responsible for use of password. Should the User(s) disclose the passwords or any other information related to their account to third parties, the User(s) are recommended to change the password immediately.
4.9. The User(s) shall not, in particular:
· Choose or use the identity or passwords of third parties with a view to present themselves as those parties;
· Use the name, the title to which is held by a third party;
· Use the identity of Telenor or Sportradar arbitrarily, that may be considered punishable or inappropriate.
4.10. The User(s) may de-activate the Service by submitting a de-activation request to Telenor in electronic form, using the channels described in item 4.2 hereof. In case the User(s) has only de-activated the Service without termination of the contractual relationship with Telenor, Telenor shall have the right to continue using all the personal data of the User made accessible to Telenor by the User(s) in accordance with the agreement concluded between Telenor and the User(s), the General Conditions and these Conditions of Use, as well as on any other basis pursuant to the Law.
4.11. Telenor may de-activate the Service in case the User(s) acts in contravention of the General Conditions, these Conditions of Use and/or the laws. In that case, Telenor shall suspend the User(s) and/or de-activate the Service in accordance with the General Conditions and these Conditions of Use. Telenor and/or Sportradar shall re-activate the Service in a way and under the conditions provided for in the General Conditions.
4.12. Telenor may de-activate the Service in case of termination of the Agreement between Telenor and Sportradar. Telenor shall inform the User(s) about the above mentioned termination of Agreement. In that case, the User(s) shall be de-activated the Service, upon expiry of the period of maximum 15 (fifteen) days from the reception of the information. In that case, Telenor shall have the right to continue using all the personal data of the User(s) made accessible to Telenor by the User(s) in accordance with the agreement concluded between Telenor and the User, the General Conditions and these Conditions of Use, as well as on any other basis pursuant to the Law.
4.13. The provisions of Article 4.12 hereof shall apply also in the case of termination of the contractual relationship between Telenor and the User(s), except the provisions related to the use of the User’s personal information by Telenor to which provisions of General Conditions and the relevant laws shall apply.
5. Privacy and security
5.1. The User(s) shall at their own risk and responsibility, share the Content publicly through the channels available within the framework of the Service. Any use or application of any content or information within the framework of the Service or acquired by the User via the Service shall be at the User’s own risk. Under no conditions shall Telenor and/or third parties engaged by Telenor for the Service provision, be held accountable for information including but not limited to errors of lack of information and data, or for any loss or damage of any kind arising as a result of the use of data and information generated or made available via the Service.
5.2. The User(s) agrees that Telenor and/or Sportradar may use his personal data for preparation and analyses related to provision and improvement of the Service.
5.3. Should the User(s) sell or otherwise give away his mobile telephone to third parties, the User(s) shall de-install the Service application and reset his mobile telephone to factory settings. By resetting back to factory settings, the User shall avoid that the Service be available to third parties. Telenor shall not be held responsible in case the user fails to act in the above described manner, and the User shall bear all the costs emerging from the use of the Service in this case.
6. Rights related to the Content
6.1. By submitting, placing or publishing the Content on or via the Service, the User(s) shall guarantee to Telenor a global, non-exclusive, charge-free licence (with the right to sub-licence) to process such Content in a way requisite for the Service provision. Telenor may modify or adapt the Content with a view to transmitting, publishing or distributing the Content via computer networks and different media and/or make changes on the Content requisite for it to be adapted to the requirements or limitations of any network, devices, services or media. This licence authorises Telenor for intermediation with the User’s Content only.
6.2. Telenor shall observe the User’s right to privacy and Telenor, Sportradar and/or third parties engaged on the Service provision shall not have access to the content of the Content, except at the request of the court or other competent state authorities pursuant to the law.
6.3. Telenor shall give the User(s) personal, limited, global, charge-free, non-transferrable and non-exclusive licence to use the software provided to the User(s) by Telenor as part of the Service for the personal use of the User(s). This licence is intended for personal use to allow the User(s) to exploit the Service provided by Telenor, in accordance with these Conditions of Use.
7. Restrictions related to the Content and use of the Service
7.1. The User(s) shall not undertake actions prohibited or identified as prohibited in the General Conditions and these Conditions of Use.
7.2. In particular, when accessing or using the Service the User(s) shall not: (i) access, interfere in, or use non-public domains of the Service, Telenor internal computer systems including technical delivery systems of Telenor subcontractors used for the Service provision, (ii) examine, search or test vulnerability of any system or network or violate or bypass any safety measure or authentication measure; (iii) access of look for or seek to access or search the Service in any meaning (automatically or in another way) differing from Telenor currently accessible, public interfaces provided by Telenor (and only in accordance with these conditions and provisions), except if granted a special permission to do so in a separate agreement with Telenor; (iv) forge any TCP/IP header of package or any part of header of information in any e-mail or post, or in any way using the Service to send altered, deceptive information or information of incorrect source identification; or (v) obstruct or disturb (or try to do that) access to any user, computer or network, including, without limitation, sending viruses, overloading, flooding, spamming, burying with mails or writing sets of orders for the Content creation in such a way that this conflicts or creates unjustified burden to the Service or to the User(s) of the Service.
7.3. The Service is only intended for legitimate individual use.
7.4. Should the User(s) act in contravention of the provisions of this Conditions of Use and/or the provisions of the General Conditions, Telenor shall have the authority to disable the use of the Service to the User(s) and/or telephone number and/or SIM card, temporarily or permanently pursuant to the procedure defined in the General Conditions.
7.5. These Conditions shall enter into force on 27 June 2014. The Conditions are published on the Internet page www.telenor.rs.