(1) Only customers of bwin shall have access to bwin Live Video. A customer, for pur-poses of these Terms and Conditions, shall mean any person who has opened an account with bwin and has a positive account balance (bonus money is not considered) or has been active within the previous 24 hours.
(2) There is no fixed list of geographical areas where bwin is able to stream bwin Live Video in general. The list of scheduled matches will reflect which events you can view from within your particular location.
(3) At the moment, there is no charge applicable to the use of bwin Live Video. However, bwin may at any time at its sole discretion introduce a fee, subscription or other charge or condition for the use of bwin Live Video after informing the customer accordingly.
(4) bwin reserves the right to deny access or to terminate access to bwin Live Video or modify, suspend or discontinue the bwin Live Video at its sole discretion and without informing the customer. All content scheduled on bwin Live Video is subject to change and bwin may vary, suspend, replace or withdraw content on bwin Live Video at its absolute discretion and without notice to the customer. bwin does not supply audio commentary for every event, as audio commentary is offered for selected events only.
(5) By accessing bwin Live Video, the customer accepts these terms and conditions.
§ 2 Technical Requirements
(1) bwin recommends a flat-rate Internet connection with capacity of at least 500 kbps (ADSL); streaming may result in high Internet costs.
Recommended system prerequisites are 256 MB RAM, 1 GHz processor and Adobe Flash Player 8.0 or higher.
§ 3 Possible Time Delay
bwin asserts that despite the fact that bwin Live Video is advertised as “live”, there can be a time delay in the streaming of a few seconds, although details about the precise length of the delay cannot be provided. bwin refuses to incur any liability for any loss that is caused by that delay due to a customer trust-ing in bwin Live Video.
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§ 4 Exclusion Of Liability
(1) bwin expressly refuses to assume any liability in case bwin Live Video will be inter-rupted or will be erroneous or that it will not be available for customers during adver-tised hours. bwin further refuses to assume any liability that bwin Live Video meets the technical requirements of the customer or that it will work in connection with any particular software or hardware.
(2) bwin does not provide a fixed level of video quality of the service of bwin Live Video, as the delivery depends on the Internet connection of the user, which is outside of bwin’s influence. The picture quality and size offered may also vary from event to event.
(3) bwin is not responsible for any direct or indirect loss, including but not limited to a loss of profit, data, business or goodwill a customer incurs because he chooses to rely on bwin Live Video.
§ 5 Intellectual Property Rights
(1) All the offered video contents are protected by intellectual property rights. The right to use bwin Live Video is non-exclusive, non-transferable and revocable and is granted only for personal, private, and non-commercial purposes. All copyright, trademark and other proprietary notice shall not be infringed by the use of the customer. Otherwise bwin may automatically terminate the right to use the bwin Live Video for the respec-tive customer.
(2) Customers are not allowed to copy, save, modify or distribute the bwin Live Video con-tent or support third parties in doing so.
(3) bwin Live Video content shall not be broadcasted by a customer to a public audience, irrespective of the fact that no charge is received therefore, and no Customer shall sup-port another person in doing so.
(4) Any customer who breaches provisions in these Terms and Conditions may be sued for damages. This includes a breach of the rights of a third-party, who may also sue a cus-tomer.
§ 6 General Provisions
(1) These Terms and Conditions may be changed at any time by bwin. If bwin makes significant changes, it will inform the customer accordingly. Despite this information, it shall remain the responsibility of each customer to check the Terms and Conditions from time to time. If a customer continues to use the bwin Live Video after a change of the Terms and Conditions has taken place, this will be deemed to be an acceptance of the changed Terms and Conditions
(2) These Terms and Conditions are governed by the laws of Gibraltar and any disputes will be dealt with the court having local and subject matter over Gibraltar.