BOUNCEFOOTBALL TERMS AND CONDITIONS
BOUNCEFOOTBALL IS FREE TO USE FOR OUR MEMBERS.
In countries that support text messaging, texts sent from the service are free to send and to receive. Replies to the service are at your standard SMS rate.
BETA TEST WARNING.
Bouncefootball is currently in BETA version and undergoing BETA testing. You understand and agree that the service may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the service at this stage signifies your understanding of and agreement to participate in Bouncefootball's BETA testing.
PLEASE READ THESE TERM AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH BOUNCESPORTS LIMITED, trading as BOUNCEFOOTBALL ("BOUNCEFOOTBALL"), OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE BOUNCEFOOTBALL SERVICE (THE "BOUNCEFOOTBALL SERVICE") BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE BOUNCEFOOTBALL SITE AT WWW.BOUNCEFOOTBALL.COM (THE "SITE"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. BOUNCEFOOTBALL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
BOUNCEFOOTBALL provides the BOUNCEFOOTBALL Service with the capability to find, organise, publicise and sign-up to football games, through the medium of e-mail messages, SMS/text messages and mobile applications (soon) via the World Wide Web on the BOUNCEFOOTBALL system. BOUNCEFOOTBALL may terminate, change, suspend or discontinue the BOUNCEFOOTBALL Service, including the availability of any features of the Site, at any time.
2. MEMBER ACCOUNT
i. Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by BOUNCEFOOTBALL. The BOUNCEFOOTBALL Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the BOUNCEFOOTBALL Services are appropriate for your child.
ii. To open an account for usage of the BOUNCEFOOTBALL Service, the User must provide true and accurate information as labelled by the Registration Form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that both Bouncefootball and your contacts can communicate with you effectively.
iii. We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.
iv. You agree not create more than one personal profile.
v. If we disable your account, you will not create another one without our permission.
vi. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
vii. You will not use Bouncefootball if you are under 13.
viii. You will not use Bouncefootball if you are a convicted sex offender.
viiii. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
x. If you change wireless/mobile phone number, you will update your BOUNCEFOOTBALL with your new number within 48 hours so as we do not send SMS messages to the new owner of your previous number.
3. PASSWORD AND SECURITY
i. The User is entirely responsible for the privacy, confidentiality and storage of email addresses and/or mobile phone number, and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by User. BOUNCEFOOTBALL does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the BOUNCEFOOTBALL Service or Your Account and for any activities conducted through Your Account. In addition, BOUNCEFOOTBALL may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify BOUNCEFOOTBALL immediately of any unauthorized use of the account to email@example.com.
ii. You must keep your login and account details confidential at all times, and in the event that you suspect that your login details have been compromised, that you inform Bouncefootball immediately by contacting us by telephone or email to firstname.lastname@example.org
4. USE OF ACCOUNT
i. You warrant that you will not use the BOUNCEFOOTBALL Service for any of the following purposes or in any of the following manners:
- to impersonate or harass any other person.
- to send any information that is or the disclosure of which would libellous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose).
- that violates any person's rights of privacy or publicity.
- to send messages that contain any sexual, racist, bigoted or discriminatory content constituting harassment of any individual or organization.
- that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside.
- to intercept any communications not intended for you.
- to release, post, distribute or execute any viruses or other harmful computer code.
- to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of sms and e-mail or any similar conduct.
ii. At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the BOUNCEFOOTBALL Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the BOUNCEFOOTBALL Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
iii. You acknowledge that BOUNCEFOOTBALL may establish general practices and limits concerning use of the BOUNCEFOOTBALL Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the BOUNCEFOOTBALL Service, the maximum number of messages that may be sent from or received by an account on the BOUNCEFOOTBALL Service, the maximum size of any message that may be sent from or received by an account on the BOUNCEFOOTBALL Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the BOUNCEFOOTBALL Service in a given period of time. You agree that BOUNCEFOOTBALL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the BOUNCEFOOTBALL Service. You acknowledge that BOUNCEFOOTBALL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BOUNCEFOOTBALL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
iv. We reserve the right to remove any content which we deem to be in breach of our terms and conditions. Opinions expressed on a comments thread and/or on bouncefootball forums do not represent our views, they only represent the views of the individual who posted the opinion.
v. You agree that you are responsible and liable for any content posted on the Bouncefootball website by you, which includes pictures, images, words or data.
vi. You agree that if you become aware of any content on the website which may be in breach of 4.3, to notify us to email@example.com
vii. You agree that Bouncefootball is not responsible for the activity of any user of the website and that Bouncefootball does not monitor content posted to the site. You use the site at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly.
5. ESTABLISHING A GAME
You may establish a game or 'time limited group space' on Bouncefootball, and in doing so, you acknowledge and agree that;
i. The information added by you to invite your team members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your 'team' or 'group' being organised using the Bouncefootball service.
ii. Members added by you to your game will be invited to join your game and will have access to your gamepage and other gamepages via a password which is unique to each individual member. Member passwords are communicated privately to invited members via the email and/or sms provided for that team member as you add them to your team.
iii. By accessing game content, members are deemed to be using the Bouncefootball service and agree to the Bouncefootball terms and conditions
iv. We reserve the right to delete or remove, any gamepage which contains content which we consider to be in breach of Bouncefootball terms and conditions of use.
6. BOUNCEFOOTBALL CHARGES
i. BOUNCEFOOTBALL IS A FREE SERVICE - THERE ARE NO FEES ASSOCIATED WITH USING THE BOUNCEFOOTBALL SERVICE.
In countries that support text messaging (currently the UK only), texts sent from the service are free to send and to receive up. Replies to the service are at your standard network rate. (1 standard rate text message)
ii. Bouncefootball has been established as an advertising and sponsor funded business, however Bouncefootball reserves the right to introduce charges or fees for the Bouncefootball service. Prior to any such introduction Bouncefootball will communicate with its members, obtain relevant consents, and establish associated payment processes.
iii. As a sponsor and advertisement funded service, we regularly run ad campaigns for brands which can include:
- Ad collateral appearing on the Bouncefootball.com website.
- An ad appearing at the end of the sms notifications which have been created and sent by a team organiser regarding a team event.
- An ad appearing at the bottom of an email created and sent by a game organiser regarding an event.
- Email offers related to the team which a Bouncefootball member participates in, these email offers can be unsubscribed from with one click and unsubscribing in no way hinders a Bouncefootball members ability to use the system.
7. BOUNCEFOOTBALL E-MAIL AND SMS SERVICE (when implemented)
i. As part of the Bouncefootball Service, Bouncefootball enables the communication of event details to your members via SMS and/or Email. Bouncefootball members mobile number and/or email address can be included in their registered profile.
ii. Bouncefootball SMS service is currently available in UK.Bouncefootball E-Mail service is available worldwide.
iii. Bouncefootball accepts no liability for any SMS or email content sent via the Bouncefootball system, and does not monitor content of messaging sent by users.
iv. Bouncefootball users can opt out from receiving SMS messages at any point should they choose to do so, by checking the opt out box in their registered profile or by texting the word 'Stop' in reply to any Bouncefootball SMS notification.
v. Bouncefootball members can opt out from receiving email notifications at any time by removing their email address from their registered profile or by sending an email to firstname.lastname@example.org requesting to no longer receive emails.
vi. Replies to Bouncefootball SMS messaging are charged at standard network rate (1 standard rate sms message)
vii. Your wireless/mobile service provider may charge you
- a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your mobile phone
- a fee for airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to the BOUNCEFOOTBALL Service
- roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such network related fees.
viii. You undertake to use the SMS service on a fair basis and exclusively for the notification of game events.
ix. The user acknowledges that Bouncefootball is dependent on various telecommunications networks for the delivery of its messages. We cannot guarantee the delivery of SMS messages, nor can we guarantee the time taken for messages to be delivered. Bouncefootball may adjust its offering, should the prices we pay for SMS messages be adjusted, as this is outside of Bouncefootballs control.
xi. Bouncefootball reserves the right to introduce charges for the service at any time. In the event of the introduction of charges, Bouncefootball will communicate this via email to its members and will use all reasonable endeavours to notify you.
xii. We reserve the right to withdraw the SMS service at any time, on a permanent or temporary basis if we deem groups or members to be abusing their use of the SMS service.
You understand that BOUNCEFOOTBALL has no editorial control over any third party content and that BOUNCEFOOTBALL does not guarantee the accuracy or completeness of any third party content. You agree that BOUNCEFOOTBALL will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will BOUNCEFOOTBALL be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of BOUNCEFOOTBALL and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.
10. MODIFICATION TO THE SERVICE
i. User acknowledges that BOUNCEFOOTBALL is dependent on various telecommunications and infrastructure networks for the delivery of its service and that BOUNCEFOOTBALL may adjust its offering at any time. User will be notified of any such changes through publication on the Site or through e-mail describing the change.
ii. User understands that BOUNCEFOOTBALL may, in its discretion, from time to time change, add, or remove certain features of the BOUNCEFOOTBALL Service or change the terms of this Agreement by informing you through publication on the BOUNCEFOOTBALL website or through an email describing the changes. If you are dissatisfied with any such changes to the BOUNCEFOOTBALL Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, BOUNCEFOOTBALL reserves the right to discontinue the BOUNCEFOOTBALL Service altogether for all users at any time at its discretion.
11. DISCLAIMERS AND WARRANTIES
You understand and agree that the service is provided on an "as is" and "as available" basis. Bouncefootball and its suppliers make no warranty that the service will meet your requirements or that use of the BOUNCEFOOTBALL service or the site will be uninterrupted, timely, secure, or error-free; nor do BOUNCEFOOTBALL or its suppliers make any warranty as to the results that may be obtained from use of the BOUNCEFOOTBALL service or the accuracy, reliability or timeliness of any information obtained through the BOUNCEFOOTBALL service (including third party content), or that any defects in the BOUNCEFOOTBALL service will be corrected. Simply put, BOUNCEFOOTBALL makes no representation of delivery, receipt or termination of an sms message. User also acknowledges that, depending on the recipient's wireless/mobile service provider, it may not be possible to transmit the sms message to the recipient successfully, particularly if the provider does not support sms delivery at all. BOUNCEFOOTBALL and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the BOUNCEFOOTBALL service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the BOUNCEFOOTBALL service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
12. LIMITATIONS ON LIABILITY
i. BOUNCEFOOTBALL and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if BOUNCEFOOTBALL has been advised of the possibility of such damages), resulting from use of the BOUNCEFOOTBALL service by you, or anyone using your account, including, but not limited to:
- the use or the inability to use the service.
- unauthorized access to or alteration of your transmissions or data.
- statements or conduct of any third party on the BOUNCEFOOTBALL service or the site.
- any damages or loss of any nature arising from or relating to your use of the BOUNCEFOOTBALL service or use of the BOUNCEFOOTBALL service through your account by anyone else. (a) BOUNCEFOOTBALL shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the BOUNCEFOOTBALL service generally, the site, any other BOUNCEFOOTBALL service and any aspect ancillary thereto; (b) BOUNCEFOOTBALL shall in no event be responsible for the security of the data transmissions between BOUNCEFOOTBALL and the user, including but not limited to the transmission of the payment information such as credit card numbers. BOUNCEFOOTBALL expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between BOUNCEFOOTBALL and the user. (c) BOUNCEFOOTBALL's total cumulative liability to you and anyone who uses the BOUNCEFOOTBALL service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to BOUNCEFOOTBALL in the preceding twelve months. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting BOUNCEFOOTBALL's liability beyond what is permissible under applicable law.
13. RELEASE AND INDEMNIFICATION
i. In the event that you have a dispute with one or more users, you release BOUNCEFOOTBALL (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
ii. User agrees to defend, indemnify and hold harmless BOUNCEFOOTBALL and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the BOUNCEFOOTBALL Service, or Your use of the BOUNCEFOOTBALL Service.
14. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting BOUNCEFOOTBALL's customer service at email@example.com. Notifying BOUNCEFOOTBALL in any other way of your desire to terminate your Account may result in delays in processing your request. BOUNCEFOOTBALL, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the BOUNCEFOOTBALL Service, for any reason, including, without limitation, for lack of use or if BOUNCEFOOTBALL believes that You have violated, acted inconsistently with this Agreement. BOUNCEFOOTBALL reserves the right to terminate Your Account and this Agreement for any other reason if BOUNCEFOOTBALL gives You at least ten (10) days advance notice. Upon any such termination of Your Account, You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BOUNCEFOOTBALL may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that BOUNCEFOOTBALL shall not be liable to You or any third-party for any termination of Your Account.
15. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the BOUNCEFOOTBALL Service, use of the BOUNCEFOOTBALL Service, or access to the BOUNCEFOOTBALL Service without the prior written approval of BOUNCEFOOTBALL.
The BOUNCEFOOTBALL Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that BOUNCEFOOTBALL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BOUNCEFOOTBALL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. INTELLECTUAL PROPERTY RIGHTS
"Bouncefootball," "Bouncefootball.com" and Bouncefootball's logos are trademarks, service marks or registered trademarks of Bouncesports Limited. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Bouncefootball or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Bouncefootball's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Bouncefootball, and may not be copied, imitated, or used, in whole or in part, without Bouncefootball's prior written permission. All other Bouncefootball names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bouncefootball.
You acknowledge and agree that the Bouncefootball Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the Bouncefootball Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of BOUNCEFOOTBALL or any third party.
18. GOVERNING LAW; ARBITRATION
Scottish Law shall govern all matters relating to this Agreement and use of the BOUNCEFOOTBALL Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Scotland in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Scotland. The successful party to the arbitration or any litigation relating to this Agreement or the BOUNCEFOOTBALL Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the BOUNCEFOOTBALL Service and supersede any prior or contemporaneous written or oral statements by BOUNCEFOOTBALL or its representatives or resellers. The failure of BOUNCEFOOTBALL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. BOUNCEFOOTBALL may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
If you have any questions, complaints, disagreements or queries, please let us know at firstname.lastname@example.org
1st April 2013