Last Updated: June, 2020
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF YOUR COMPANY, AND TO BIND YOU AND YOUR COMPANY TO THE TERMS OF THIS AGREEMENT. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. BY AGREEING TO THIS AGREEMENT, YOU REPRESENT AND WARRANT TO US THAT: YOU ARE EITHER (A) LESS THAN 13 YEARS OLD AND YOU HAVE BEEN AUTHORIZED TO USE THE SERVICES BY YOUR PARENT OR LEGAL GUARDIAN WHO IS AT LEAST 18 YEARS OLD, OR (B) AT LEAST 13 YEARS OLD.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.
1.1. In order to use certain features of the Services, You must register for an account with Company ("Company Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
1.2. You may delete Your Company Account at any time, for any reason, by following the instructions on the Services. Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company's sole discretion.
1.3. Company will not be liable for any loss or damage arising from such suspension or termination, or from Your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized use of Your password or credentials. If You elect to register and obtain a password, You represent and warrant that You will not transfer Your password, as it is not transferable. You are solely responsible for creating and maintaining the security and access to Your password.
2. PROPRIETARY RIGHTS
2.1. Company retains all right, title and ownerships in and of the Services or any part thereof, including without limitation, their design and layout, contents (excluding User Content), copyrights, patents, trademarks, service marks and logos, database whether registered or not (the "Materials"), except as expressly excluded in this Agreement.
2.2. You are granted only a limited and revocable right to use the Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Services or Materials.
3. ACCEPTABLE USE POLICY; RESTRICTIONS ON USE
3.1. Your use of the Services is subject to the following restrictions:
3.1.1. You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, without the Company's prior explicit written consent;
3.1.2. Except as expressly stated herein, no part of the Services or the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company's prior explicit written consent;
3.1.3. You shall not access the Services in order to build a similar or competitive service;
3.1.4. You may not use the Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission;
3.1.5. The Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
3.1.6. You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
3.1.7. You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use the Service, including, without limitation, transmitting content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
3.1.8. You may not violate other users' or third parties' rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
3.1.9. You may not use the Service in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
3.2. Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
4. USER CONTENT
4.1. "User Content" means any and all information and content that You submit to, or use with, the Services (e.g., content You upload to Your user's profile). You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that: (a) You are the owner of the User Content, or have sufficient rights and authority thereto; and (b) Your User Content does not violate the Agreement, including but not limited to our Acceptable Use Policy (as detailed above); and (c) your User Content does not contain any virus, adware, spyware, worms, or other harmful or malicious code. You alone are responsible for Your User Content. You may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy.
4.2. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content.
4.3. By posting or uploading User Content with the Services, You hereby grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
4.4. If You provide Company any feedback or suggestions regarding the Services ("Feedback"), You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary. You agree that You will not submit to Company any information or ideas that You consider to be confidential or proprietary.
4.5. We reserve the right (but have no obligation, except as and to the extent required by applicable law) to review any User Content, investigate, and/or take appropriate action against You in our sole discretion (including removing or modifying Your User Content, terminating Your Company Account, and/or reporting You to law enforcement authorities) if You violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
4.6. Each user is solely responsible for any and all of its User Content. Company does not control User Content, nor shall Company be responsible for any User Content. Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between You and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any user, Company is under no obligation to become involved in its resolution or in any other manner whatsoever.
5. THIRD PARTY SERVICES
5.1. The Services might contain links to third party services, websites and advertisements for third parties (collectively, "Third Party Services"). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
5.2. When You use a Third Party Service, the applicable third party's terms and policies apply, including such third party's privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services.
5.3. To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users or Third Party Services.
6. INDEMNITY; LIMITATION ON LIABILITY; DISCLAIMER OF WARRANTIES
6.1. You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys' fees, made by any third party due to or arising out of (a) Your use of the Services, (b) Your User Content, or (c) Your violation of this Agreement or of applicable law (d) a violation of the rights of any other person or entity by you, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
6.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
6.3. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.4. IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6.5. WE DO NOT GUARANTEE THAT THE USE OF THIS APP WILL IMPROVE YOUR FOOTBALL SKILLS OR HELP YOU TO ACHIEVE ANY OTHER RESULTS OF ANY KIND. THE COMPANY PROVIDES THROUGH ITS SERVICES SPORTS TRAINING SERVICES. THESE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR MEDICAL SERVICES. WE ARE NOT LICENSED MEDICAL PROFESSIONALS, AND WE ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL ADVICE. SHOULD YOU HAVE ANY MEDICAL ISSUES, WE ENCOURGAE YOU TO CONSULT A MEDICAL PROFFESSIONAL. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
6.6. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF OUR SERVICES, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
7. TERM AND TERMINATION
7.1. Subject to this Section, this Agreement will remain in full force and effect while You use the Services. We may (a) suspend your rights to use the Services (including Your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement.
7.2. Upon termination of this Agreement, Your Company Account and right to access and use the Services will terminate immediately. You understand that any termination of Your Company Account involves deletion of Your User Content associated therewith from our live databases. Company will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Company Account or deletion of Your User Content.
8. INTELLECTUAL PROPERTY
8.1. Company owns (or has valid authorizations or licenses required for) the Services, as well as the materials provided on the Services, including all worldwide intellectual property rights in the Site, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any content appearing on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of Company or any third party
9. ASSIGNMENT, SEVERABILITY AND WAIVER
9.1. The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
9.2. If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
9.3. Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
10. AMENDMENTS TO THE AGREEMENT
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last revised" heading above.
11.1. This Section 11 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this Agreement is between you and the Company, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.2. Certain enhanced features of the Services are available for your purchase through Apple App Store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and subject to the following terms:
11.2.1. When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.
11.2.2. In-App Purchase may take the form of a subscription. Any unused portion of a free trial period (if offered) will be forfeited when you purchase a subscription (where applicable).
11.2.3. In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.
12.1. Governing Law. This Agreement shall be governed by the laws of Israel without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive personal jurisdiction of the courts of Tel-Aviv, Israel, for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
12.3. Contact Us. f you have any general questions about our Services, you can contact us at firstname.lastname@example.org