Please read these "Terms and Conditions" (Conditions) before subscribing for Services (as set out in Clause 4) on www.fim-tv.com. We recommend you to open these Conditions in another browser window and to print them out.
You acknowledge and agree that you have read and understood (and agree to be bound by) these Conditions now and every time you use the Services. Perform Media Services (Perform) on behalf of the Fédération Internationale De Motocyclisme (FIM) reserve the right, at any time, to modify the Conditions by posting a revised version on this website. Any changes to these Conditions apply as soon as they are accessible on the internet. By continuing to use the Services you accept any revised version. If you do not agree to these Conditions, you should exit the registration page.
If these Conditions conflict with our Website Terms and Conditions, these Conditions will take priority.
In ticking the box and accepting the Terms and Conditions on the registration page, you are entering into a legally binding contract with Perform (located at Sussex House, Plane Tree Crescent, Feltham, TW13 7HE, United Kingdom) on behalf of FIM to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions. If you are under 18 years of age and/or not of full legal age, you must have the permission of your parents or a guardian before (i) adhering to the Conditions, (ii) registering and (iii) using the Services. By your continuing use of the Services, you are confirming that you have received the consent of your parents or your guardian for any of your uses of the Services and that you have discussed these Conditions with your parents or your guardian before you register.
In return for allowing you to use the Platform and benefiting from our Platform Products, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date.
2. Price and Payment:
Our prices 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. All our prices are inclusive of VAT at the rates in force from time to time and of any other applicable taxes if appropriate. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order.
Payment for services must be made by Mastercard, Visa, Maestro, Solo Visa Delta and JCB cards. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
Perform reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
3. Duration and Termination:
3.1. Your right to terminate:
3.1.1. Annual Pass
You may cancel your subscription for the Annual Pass by logging in and going to the My Account page and clicking on the "Cancel Subscription" button and sending an e-mail to customer services at the following e-mail address firstname.lastname@example.org. You may not cancel your subscription that is for a period of one week or less. You may cancel your subscription for the Annual Pass from the day after subscribing.
Cancellation for the Annual Pass must be made no less than 5 working days prior to the end of the year for which you have paid.
If you cancel prior to this 5 working day period your Annual Pass will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following year and your Annual Pass will terminate on expiry of that following year.
If you cancel your Annual Pass after your renewal date you will be charged for the following year and access to the Services will terminate on expiry of that following year.
3.1.2. Monthly Pass
You may cancel your subscription for the Monthly Pass by logging in and going to the My Account page and clicking on the "Cancel Subscription" button and sending an e-mail to customer services at the following e-mail address email@example.com. You may not cancel your subscription that is for a period of one week or less. You may cancel your subscription for the Monthly Pass from the day after subscribing.
Cancellation for the Monthly Pass must be made no less than 5 working days prior to the end of the month for which you have paid.
If you cancel prior to this 5 working day period your Monthly Pass will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month and your Monthly Pass will terminate on expiry of that following month.
If you cancel your Monthly Pass after your renewal date you will be charged for the following month and access to the Services will terminate on expiry of that following month.
3.2 Our right to terminate:
Perform may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4.
In addition, Perform may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Perform terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
4. The Services and Service Availability:
The 'Services' shall be the provision to you of access to services on this Website including Highlights and Video Archive.
However Perform reserves the right to amend the nature and extent of the Services available at any time.
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
In the event that Perform reasonably determines that you do not meet these requirements Perform reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate").
Perform will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free.
From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Perform will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law.
This does not affect any other statutory rights you may have as a consumer.
6 . Technical Support and Contacting Perform:
You can contact Perform whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Perform as described below or going to the Feedback section. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Perform will require from you in order to identify your subscription.
You should update your account immediately if any of your details change via the My Account area of the site. Alternatively if you experience any issues updating your details notify us by e-mail at firstname.lastname@example.org and a representative will contact you to assist with the update of your account information.
Any notice given by Perform can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
7. Copyright and your use of the Services:
All content of the Platform, including but not limited to website design, text, graphics, images, audio clips, audio-visual clips, logos, icons, and other feed you receive (and any selection or arrangement) are the property of FIM and/or Perform or, where relevant, the respective supplier of content, and are protected by national as well as international copyright laws.
You agree that you will:
(a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;
(b) at any given time, only view the Services via your permitted PC and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
(c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit 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;
(d) not alter, disassemble, decompile or reverse engineer any part of the Services;
(e) 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
(f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any PC viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you (clause 3) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or our Website Terms and Conditions, or if we are requested to do so by a regulatory authority.
Once any subscription to the Services is inactive, you no longer have a right to the Services or to any support.
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution.
All trademarks, product names and company names or logos mentioned in the Platform are the property of the FIM or their respective owners ("Third Party Trademarks"). You are not permitted to use the Trademarks of Platforms Products or Third Party Trademarks without the prior written approval of FIM and/or Perform or such third parties that may own the Third Party Trademarks. The supply and use of the Services shall not grant to you any license or rights to use any names, logos, trademarks or other intellectual property rights of FIM or Perform or any third party.
Unless agreed otherwise in writing, the maximum liability of each of Perform and FIM to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services in question ("Payment Amount"). Neither Perform nor FIM shall in any event be liable to you for:
(I) Any direct loss in excess of the subscription amount; or
(II) Any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss.
Nothing in these Conditions shall exclude or limit the liability of Perform and FIM for the death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
You agree to indemnify, defend and hold Perform and FIM and all of its affiliates, partners including broadcast partners, as well as associate companies, their directors, employees, information providers, licensors and licensees, officers and partners (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Conditions. You will co-operate, at your costs, as fully as required by Perform and FIM in the defence of any claim. Perform and FIM reserve the right to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the prior written consent of Perform and FIM.
The Services are provided without any representations or warranties of any kind, either express or implied. Perform and FIM both disclaim all representations and warranties, including by way of example but no limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, Perform and FIM do not represent or warrant that the information and/or facilities accessible via the Services are accurate, complete or current, or that the Services will be free of defects, including but not limited to, viruses or other harmful elements. The user of the Services assumes all costs arising as a result of the use of the Services.
12. Clerical Erros (Errors in Writing and Copying):
Perform uses all reasonable endeavours to ensure that all information on the Platform is accurate. However, in the event that an incorrect price or other incorrect information is displayed in relation to the Services due to a clerical, typographical, pricing or other inadvertent error, Perform shall have the right to refuse to accept any order or cancel any contract to supply the Services whether or not the order has been confirmed and the credit card has been charged. In the unlikely event that your credit card has already been charged for the purchase and the order is cancelled for this reason, Perform shall issue a full credit to the value of the Services cancelled to your credit card.
13. Data Protection:
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like. The information and data ("personal data") which is provided by you in connection with this site will be held on the PCs and manual records of, and will be used by, Perform, FIM and sponsors, affiliates, official suppliers and any other reputable suppliers of goods and services which Perform or FIM believe may be of interest to you (together "the companies"). A complete list of all such companies is available on request from the address below.
The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and product analysis;
(ii) to assist the companies in offering and providing their services/products to you;
(iii) to enable the companies to review, develop and improve the services offered by them. The companies may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. If you do not wish this to happen, please ensure that you un-tick the appropriate box when you register your personal details. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you which is held by any of the companies. You are also entitled to require the rectification, erasure or blocking or any such information or data which is inaccurate or not up-to-date and held by the companies. If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to the address below stating your full name and address and providing any other relevant information.
14. Force Majeure:
Neither Perform nor FIM shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Perform or FIM including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, PC viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
If this means that you fail to receive a substantial element of the Services Perform will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
No waiver by either of Perform or FIM shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
16. Entire Agreement:
These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you and Perform. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Perform.
Perform employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Perform You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
17. Third Party Rights:
(I) Clauses 7, 8 and 9 of these Conditions confer a benefit on FIM and are intended to be enforceable by FIM by virtue of the Contracts (Rights of Third Parties) Act 1999.
(II) Except as provided in clause 16(I), a person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18. Governing Law:
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England