9. MOBILE APPLICATION LICENCE
Use Licence
If
you
access the Services via the App, then we grant you a revocable,
non-exclusive,
non-transferable, limited right to install and use the App on wireless
electronic devices owned or controlled by you, and to access and use the
App on
such devices strictly in accordance with the terms and conditions of
this mobile
application licence
contained in these Legal Terms. You shall not: (1) except as
permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to
derive the
source code of, or decrypt the App; (2) make any modification,
adaptation,
improvement, enhancement, translation, or derivative work from the App;
(3)
violate any applicable laws, rules, or regulations in connection with
your
access or use of the App; (4) remove, alter, or obscure any proprietary
notice
(including any notice of copyright or trademark) posted by us or the
licensors
of the App; (5) use the App for any revenue-generating endeavour
,
commercial enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time;
(7) use
the App for creating a product, service, or software that is, directly
or
indirectly, competitive with or in any way a substitute for the App; (8)
use the
App to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development,
manufacture, licensing, or distribution of any applications,
accessories, or
devices for use with the App.
Apple and Android Devices
The
following terms apply when you use the App obtained from either the
Apple Store
or Google Play (each an 'App
Distributor') to access the Services: (1)
the licence
granted to you for our App is limited to a non-transferable licence
to
use the application on a device that
utilises
the Apple iOS or Android operating
systems, as
applicable, and in accordance with the usage rules set forth in the
applicable
App Distributor’s terms of service; (2) we are responsible for providing
any
maintenance and support services with respect to the App as specified in
the
terms and conditions of this mobile application
licence contained in these Legal
Terms or as
otherwise required under applicable law, and you acknowledge that each
App
Distributor has no obligation whatsoever to furnish any maintenance and
support
services with respect to the App; (3) in the event of any failure of the
App to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies,
may refund the purchase price, if any, paid for the App, and to the
maximum
extent permitted by applicable law, the App Distributor will have no
other
warranty obligation whatsoever with respect to the App; (4) you
represent and
warrant that (i) you are not located in a country that is subject to a
US
government embargo, or that has been designated by the US government as
a 'terrorist supporting' country and (ii) you are not listed on
any US
government list of prohibited or restricted parties; (5) you must comply
with
applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application,
then you
must not be in violation of their wireless data service agreement when
using the
App; and (6) you acknowledge and agree that the App Distributors are
third-party
beneficiaries of the terms and conditions in this mobile application
licence
contained in these Legal Terms, and that each App Distributor will have
the
right (and will be deemed to have accepted the right) to enforce the
terms and
conditions in this mobile application
licence
contained in these Legal Terms against
you as a
third-party beneficiary thereof.
10. SOCIAL MEDIA
As
part of the functionality of the
Services, you
may link your account with online
accounts you
have with third-party service providers
(each
such account, a
'Third-Party Account') by
either:
(1) providing your Third-Party Account
login
information through the Services; or (2)
allowing us to access your Third-Party
Account, as is permitted under the
applicable
terms and conditions that govern your
use of
each Third-Party
Account. You represent and warrant that
you are
entitled to disclose your Third-Party
Account login information to us and/or
grant us
access to your Third-Party
Account, without breach by you of any of
the
terms and conditions that govern your
use of the
applicable Third-Party
Account, and without obligating us to
pay any
fees or making us subject to any usage
limitations imposed by the third-party
service
provider of the Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may
access,
make available, and store (if
applicable) any
content that you have provided to and
stored in
your Third-Party
Account (the
'Social Network Content'
) so that it is available on and
through
the Services via your account, including
without
limitation any friend lists and (2) we
may
submit to and receive from your Third-Party
Account additional information to the
extent you
are notified when you link your account
with the
Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the
privacy
settings that you have set in such Third-Party
Accounts, personally identifiable
information
that you post to your Third-Party
Accounts may be available on and through
your
account on the Services. Please note
that if a
Third-Party
Account or associated service becomes
unavailable or our access to such Third-Party
Account is terminated by the third-party
service
provider, then Social Network Content
may no
longer be available on and through the
Services.
You will have the ability to disable the
connection between your account on the
Services
and your Third-Party
Accounts at any time. PLEASE NOTE THAT
YOUR
RELATIONSHIP WITH THE THIRD-PARTY
SERVICE
PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make
no effort to review any Social Network
Content
for any purpose, including but not
limited to,
for accuracy, legality, or
non-infringement, and
we are not responsible for any Social
Network
Content. You acknowledge and agree that
we may
access your email address book
associated with a
Third-Party
Account and your contacts list stored on
your
mobile device or tablet computer solely
for
purposes of identifying and informing
you of
those contacts who have also registered
to use
the Services. You can deactivate the
connection
between the Services and your Third-Party
Account by contacting us using the
contact
information below or through your
account
settings (if applicable). We will
attempt to
delete any information stored on our
servers
that was obtained through such Third-Party
Account, except the username and profile
picture
that become associated with your
account.
11. THIRD-PARTY WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the
Site or App) links to other
websites (
'Third-Party Websites') as well as articles, photographs,
text,
graphics, pictures, designs, music, sound, video, information,
applications,
software, and other content or items belonging to or originating from
third
parties ('Third-Party Content'). Such Third-Party Websites and
Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites
accessed through the Services or any Third-Party Content posted
on,
available through, or installed from the Services, including the
content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other
policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not
imply
approval or endorsement thereof by us. If you decide to leave the
Services and
access the Third-Party
Websites or to
use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Legal
Terms
no longer govern. You should review the applicable terms and policies,
including
privacy and data gathering practices, of any website to which you
navigate from
the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will
be
through other websites and from other companies, and we take no
responsibility
whatsoever in relation to such purchases which are exclusively between
you and
the applicable third party. You agree and acknowledge that we do not
endorse the
products or services offered on Third-Party Websites and
you shall
hold us blameless from any harm caused by your purchase of such products
or
services. Additionally, you shall hold us blameless from any losses
sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any
contact
with Third-Party Websites.
12. ADVERTISERS
We
allow advertisers to display their advertisements and other information
in
certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such
advertisements, and we
have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We
reserve the
right, but not the obligation, to: (1) monitor the Services for violations of
these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and
without limitation, refuse, restrict access to, limit the availability of, or
disable
(to the extent technologically feasible) any of your Contributions or any
portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to
remove from the Services or otherwise disable all files and content that are
excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the
Services in a manner designed to protect our rights and property and to
facilitate the
proper functioning of the Services.
14. PRIVACY POLICY
We
care
about data privacy and security. Please review our Privacy
Policy:
ontour.com/privacy-policy
. By using the Services, you agree to be bound
by our
Privacy Policy, which is incorporated into these Legal Terms. Please be
advised
the Services are hosted in the United Kingdom
. If you access the Services from any
other
region of the world with laws or other requirements governing personal
data
collection, use, or disclosure that differ from applicable laws in
the
United
Kingdom
, then through your continued use of
the
Services, you are transferring your data to
the
United
Kingdom
, and you expressly consent to have
your data
transferred to and processed in
the
United
Kingdom
.
Further, we do not knowingly
accept,
request, or solicit information from children or
knowingly market to children. Therefore, in
accordance
with the U.S. Children’s Online Privacy
Protection Act,
if we receive actual knowledge that anyone under
the age
of 13 has provided personal information to us
without
the requisite and verifiable parental consent,
we will
delete that information from the Services as
quickly as
is reasonably practical.
15. COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that
any
material available on or through the Services infringes upon any
copyright you
own or control, please immediately notify us using the contact
information
provided below (a 'Notification'). A copy of your Notification will be
sent to
the person who posted or stored the material addressed in the
Notification.
Please be advised that pursuant to applicable law you may be held liable
for
damages if you make material misrepresentations in a Notification. Thus,
if you
are not sure that material located on or linked to by the Services
infringes
your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING,
IN OUR SOLE DISCRETION.
If
we
terminate or suspend your account for any reason, you are prohibited
from
registering and creating a new account under your name, a fake or
borrowed name,
or the name of any third party, even if you may be acting on behalf of
the third
party. In addition to terminating or suspending your account, we reserve
the
right to take appropriate legal action, including without limitation
pursuing
civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at
any time or for any reason at our sole discretion without notice.
However, we
have no obligation to update any information on our Services. We will not be liable to you or
any third
party for any modification, price change, suspension, or discontinuance
of the
Services.
We
cannot guarantee the Services will be available at all times. We may
experience
hardware, software, or other problems or need to perform maintenance
related to
the Services, resulting in interruptions, delays, or errors. We reserve
the
right to change, revise, update, suspend, discontinue, or otherwise
modify the
Services at any time or for any reason without notice to you. You agree
that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These
Legal Terms are governed by and interpreted following the laws of
England and Wales
, and the use of the United Nations
Convention of
Contracts for the International Sales of Goods is expressly excluded. If your
habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection
provided to you by obligatory provisions of the law in your country to
residence. ONTOUR Sports Ltd. and yourself both
agree to submit to
the non-exclusive jurisdiction of the courts of __________
,
which means that you may make a claim to defend your consumer protection rights
in
regards to these Legal Terms in
England
, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To
expedite
resolution and control the cost of any dispute, controversy, or claim
related to
these Legal Terms (each a 'Dispute'
and
collectively, the 'Disputes') brought by
either
you or us (individually, a 'Party'
and
collectively, the 'Parties'), the Parties
agree to
first attempt to negotiate any Dispute (except those Disputes expressly
provided
below) informally for at least thirty (30)
days
before initiating arbitration. Such informal negotiations commence upon
written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the
relationships
between the Parties to these Legal Terms shall be determined by one arbitrator
who will
be chosen in accordance with the Arbitration and Internal Rules of the European
Court of
Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration
is filed,
and of which adoption of this clause constitutes acceptance. The seat of
arbitration
shall be
London,
England
. The language of the proceedings
shall be
English. Applicable rules of substantive law shall
be the
law of
England
.
Restrictions
The Parties agree that any
arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilise
class action
procedures; and (c) there is no right or authority for any Dispute to be brought
in a
purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes
are not
subject to the above provisions concerning informal negotiations binding
arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of,
any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising
from, allegations of theft, piracy, invasion of privacy, or unauthorised
use;
and (c) any claim for injunctive relief. If this provision is found to be
illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within
that portion of this provision found to be illegal or unenforceable and such
Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that
court.
20. CORRECTIONS
There may be information on the
Services
that contains typographical errors, inaccuracies, or omissions, including
descriptions,
pricing, availability, and various other information. We reserve the right to
correct
any errors, inaccuracies, or omissions and to change or update the information
on the
Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING
TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED
TO
THE
AMOUNT PAID, IF
ANY, BY
YOU TO US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL
RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) your Contributions;
(2) use of the
Services; (3) breach of these
Legal Terms;
(4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the
rights of
a third party, including but not limited to intellectual property
rights; or
(6) any overt harmful act
toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume
the exclusive defence
and control of any matter for which you are required to indemnify
us, and
you agree to cooperate, at your expense, with our
defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or
proceeding which
is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Services. You
agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to
receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically,
via
email and on the Services, satisfy any legal requirement that such
communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You
hereby waive any rights or requirements under any statutes, regulations,
rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to
payments or
the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire
agreement and understanding between you and us. Our failure to exercise
or
enforce any right or provision of these Legal Terms shall not operate as
a
waiver of such right or provision. These Legal Terms operate to the
fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or
part of the
provision is deemed severable from these Legal Terms and does not affect
the
validity and enforceability of any remaining provisions. There is no
joint
venture, partnership, employment or agency relationship created between
you and
us as a result of these Legal Terms or use of the Services. You agree
that these
Legal Terms will not be construed against us by virtue of having drafted
them.
You hereby waive any and all defences
you may have based on the electronic form
of
these Legal Terms and the lack of signing by the parties hereto to
execute these
Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact
us at:
ONTOUR Sports Ltd.
4 Lytton Road
Barnet
EN5 5BY
United
Kingdom
enquiries@ontourfootball.com
10. SOCIAL MEDIA