“You” and “Your” means the individual or legal entity licensing the Appunder this EULA.
“Use” and “Using” means to download, install, activate, access or otherwise use the App.
“App” means the MatchdayInfomobile application, the data supplied with the software and any Upgrades made available to You and licensed to Youthrough by MatchdayInfo.
“Documentation” means any related online documentation, manuals, training materials, specifications or other applicable materials for the App and made available to You by MatchdayInfo.
“Service” means the service you connect to and the content MatchdayInfo or any third party content provider, provides you with, via the App.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to theApp andAppand backup copies thereof.
2. WHO THESE TERMS APPLY TO
2.1 This EULA is applicable to anyone who uses the MatchdayInfoApp.
2.2 By Using the App, or authorizing others to do so, You, agree to be bound by the terms of this EULA. If You are entering into this EULA on behalf of an entity, You represent and warrant that You have the authority to bind that entity and all end users of the App. If You do not have such authority or You do not agree to the terms of the EULA, neither You nor any other end users are permitted to Use the App.
3.THIRD PARTY TERMS
3.1 The ways in which you can use the App and Documentation may also be controlled by the App Store’s rules and policies as provided to you by Apple from time to time. Where there are any directly conflicting terms between the App Store’s rules and policies and this EULA, the App Store’s rules and policies shall take precedence.
3.2 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.
4.1 Subject to your compliance with this EULA, MatchdayInfo grants You a revocable, personal, non-sublicensable, non-exclusive, non-transferable license to Use the object code versions of the App and the Documentation solely for Your own individual purposes on any Apple-branded products that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service: https://www.apple.com/legal/internet-services/itunes/us/terms.html. The App may be accessed and used by other accounts associated with You via Apple’s family sharing or volume purchasing.
4.2 You must only use the App as provided, in machine-readable object code, in accordance with this EULA and all applicable laws, rules and regulations.
4.3 Your right to Use the App begins on the date the App is made available for download or installation and continues until terminated.
5.1 Except for the limited license rights expressly granted in this EULA, MatchdayInfo reserves all its rights in and to the App, Service and Documentation and any modifications thereto.
5.2 MatchdayInfo or its licensors retain ownership of all intellectual property rights in and to the App, Service and Documentation including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the App and Service are limited to those expressly granted by this EULA. No other rights with respect to the App or any related intellectual property rights are granted or implied.
5.3 You acknowledge that You have no right to have Use or access the App in source code form other than as expressly provided in this License.
5.4 [You undertake to: (a) treat as confidential and keep secret all confidential information contained or embodied in the App or Services and any confidential information conveyed to you by the Documentation; (b) effect and maintain adequate security measures to safeguard the App from access or use by any unauthorised person. Any breach of this clause may result in Your access to the App being suspended or permanently terminated in accordance with clause 16.2.
6. LIMITATIONS TO THE APP AND THE SERVICES.
6.1 Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
6.2 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
6.3 We may update and change the App and its look and features from time to time to reflect changes to our products, our users' needs and our business priorities. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted.
6.4 We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons or any other reason without notice to you.
6.5 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Our Services is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission. We do not warrant that the Service or App will be uninterrupted or error-free.
6.6 You agree to release us entirely from any claims, disputes, actions or proceedings arising from or connected to your interaction with any third party content available via our Services.
7. USER GENERATED CONTENT / UPLOADING CONTENT
7.1 Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App and Services, you must comply with the content standards set out in our Acceptable Use Policy at clause 9. You warrant that your will comply with our standards and agree to be liable to us and indemnify us against any breach of this warranty.
7.2 We have the right to remove any content you post on our Services if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
8. USE RESTRICTIONS
8.1 To the extent permissible under applicable law, You agree not to: (i) decompile, disassemble, decrypt, reverse engineer the App or otherwise attempt to derive the source code for the App; (ii) modify, adapt or create any derivative works based on the App, Service or Documentation; (iii) merge the App with any other App other than as expressly set forth in the Documentation; (iv) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the App, Service or Documentation except as expressly authorized by the Agreement or this EULA; (v) use the App on devices other than those that you own and control, except as otherwise permitted in this agreement; (vi) copy the App, Service or Documentation, except where such copying is incidental to normal Use of the App or where it is necessary for the purpose of back-up or operational security; (vii) use any information gained by your Use or access to the App to create any software that is in any way competitive with the App; or (viii) provide or otherwise make available, the App in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
8.2 If you perform any unauthorized processing of information on the Services or App that shall be deemed a material breach of these terms and conditions which, shall entitle us to terminate the Services immediately on notice in writing and in the case of infringement of rights, take any appropriate further legal action against you.
9. ACCEPTABLE USE RESTRICTIONS
You must: (i) not Use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful or disruptive data, into the App, Service or any associated operating system; (ii) not infringe MatchdayInfo’s intellectual property rights or those of any third party in relation to Your Use of the App or the Service; (iii) not transmit any material that is defamatory offensive or otherwise objectionable in relation to your use of the App or the Service; (iv) not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (v) not collect or harvest any information or data from the App, Service or MatchdayInfo systems or attempt to decipher any transmission to or from the servers running the Service.
10. THIRD PARTY AND OPEN SOURCE SOFTWARE
10.1 Notwithstanding the terms and conditions of this EULA, all or any portion of the App which constitutes non-MatchdayInfo software or which is provided under an open source or free software license by third parties, is licensed to You subject to the terms and conditions of the software license agreement accompanying such software accepted by you at the time of download.
10.2 It is Your responsibility to read and understand any such licenses. By accepting these License Terms, You are also accepting the terms and conditions of the licenses applicable to any third party software included with the App
10.3 In the event of any third party claim that the App or your Use of the App infringes the intellectual property rights of that third party, MatchdayInfo, not Apple will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. UPGRADES AND UPDATES
11.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
11.3 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
12. PAYMENT THROUGH THE APP
13. LOCATION DATA
Certain Services, will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services settings.
14. LIMITED WARRANTY AND DISCLAIMER
14.1 MatchdayInfo warrants that the App will substantially conform to the applicable Documentation for thirty (30) days following the date the App is made available to You for Your Use. This warranty does not apply if the App has not been used in accordance with this agreement or installed, operated, repaired, or maintained other than in accordance with instructions supplied by MatchdayInfo.
14.2 MatchdayInfo will use commercially reasonable efforts to deliver to You the App free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the App or Your data.
14.3 Except as expressly set forth above, MatchdayInfo and its licensors provide the App “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. MatchdayInfo does not warrant that the App will operate uninterrupted or error-free or that all errors will be corrected. In addition, MatchdayInfo does not warrant that the App or any equipment, system or network on which the App is used will be free of vulnerability to intrusion or attack.
14.4 You acknowledge that Apple is not responsible for addressing any claims you or any third party make relating to the App or Your Use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use of by the App of the HealthKit and HomeKit frameworks.
14.5 In the event of any failure of the App to conform with the warranties given in this clause 14 or any other warranties under applicable law, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of MatchdayInfo.
15. LIMITATION OF LIABILITY
15.1 In no event will MatchdayInfo or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the App or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings.
15.2 We are responsible to you for foreseeable loss and damage [A13] caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
15.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so and nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
16. PERSONAL DATA
17. TERMINATION OF LICENCE
17.1 We may terminate this agreement immediately by written notice to You for any reason. We may also suspend or permanently terminate your access to the App at any time without notice to You if in our opinion you have breached the terms of this agreement, the spirit of this agreement, or You are engaging in any activity which is damaging or potentially damaging to our business or other users.
17.2 In the event of termination you must immediately cease all activities authorised under these terms and immediately delete or remove the App and any copies of it from all devices in your control. We may remotely access your device and remove the App from your devices ourselves at any time.
18. CHANGES TO THESE TERMS
MatchdayInfo may need to change these terms to reflect changes in law or best practice or to deal with additional features MatchdayInfo introduce to this App or Services. MatchdayInfo will give you at least 10 days’ notice of any change by sending you a notification with details of the change or notifying you of a change when you next start the App. If you do not accept the notified change you will not be permitted to continue to use the App and the Service.
19.1 You shall not, without the prior written consent of MatchdayInfo assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA.
19.2 MatchdayInfo may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA.
19.3 This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
19.4 If any provision (or part of a provision) of this EULA is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19.5 No failure or delay by MatchdayInfo to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19.6 Except as expressly provided in this EULA, the rights and remedies provided under this EULA are in addition to, and not exclusive of, any rights or remedies provided by law.
20. GOVERNING LAW
20.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England and Wales, without reference to its conflict of laws principles.
20.2 The Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims)
20.3 You represent and warrant that (a) 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 (b) you are not listed on any U.S Government list of prohibited or restricted parties.