Terms of Use
Date of Last Revision: 14th
November 2008
Welcome to Nonleaguesponsor.com, a social and
business utility that connects grass roots football teams with potential local
sponsors. The Nonleaguesponsor.com service and network (collectively, "Nonleaguesponsor.com"
or "the Service") are operated by EKM Group (collectively,
"us", "we", "the Company" or "Company"). By
accessing or using our web site at www.nonleaguesponsor.com or the mobile
version thereof (together the "Site") You(the "User") signify
that you have read, understand and agree to be bound by these Terms of Use
("Terms of Use" or "Agreement"), whether or not you are a
registered member of Nonleaguesponsor.com. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms of Use at
any time without further notice. If we do this, we will post the changes to
these Terms of Use on this page and will indicate at the top of this page the
date these terms were last revised. Your continued use of the Service or the
Site after any such changes constitutes your acceptance of the new Terms of
Use. If you do not agree to abide by these or any future Terms of Use, do not
use or access (or continue to use or access) the Service or the Site. It is
your responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where
prohibited. This Site is intended solely for users who either run a grass roots
football club or a company looking to sponsor a grass roots team. As a minimum
all users must be eighteen (18) years of age or older, By using the Service or
the Site, you represent and warrant that you are 18 or older, and that you
agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you
agree to (a) provide accurate, current and complete information about you as
may be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and identification; (c)
maintain and promptly update the Registration Data, and any other information
you provide to Company, to keep it accurate, current and complete; and (d) be
fully responsible for all use of your account and for any actions that take
place using your account.
Proprietary Rights in Site Content; Limited
License
All content on the Site and available through
the Service, including designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and
arrangement (the "Site Content"), are the proprietary property of the
Company, its users or its licensors with all rights reserved. No Site Content
may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined
below) that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use the Site
and the Site Content and to download or print a copy of any portion of the Site
Content to which you have properly gained access solely for commercial use,
provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Site Content
on any Internet, Intranet or Extranet site or incorporate the information in
any other database or compilation, and any other use of the Site Content is
strictly prohibited. Such license is subject to these Terms of Use and does not
permit use of any data mining, robots, scraping or similar data gathering or
extraction methods. Any use of the Site or the Site Content other than as
specifically authorised herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein.
Such unauthorised use may also violate applicable laws including copyright and
trademark laws and applicable communications regulations and statutes. Unless
explicitly stated herein, nothing in these Terms of Use shall be construed as
conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time without notice
and with or without cause.
User Conduct
You understand that except for advertising
programs offered by us on the Site, the Service and the Site are available for
commercial use. You represent, warrant and agree that no materials of any kind
submitted through your account or otherwise posted, transmitted, or shared by
you on or through the Service will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or otherwise
unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or
other contact information of other users from the Service or the Site by
electronic or other means for the purposes of sending unsolicited emails
or other unsolicited communications;
- use the Service or the Site in any
unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
- use automated scripts to collect
information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or
otherwise make available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or
otherwise make available any videos other than those of a personal nature
that: (i) are of you or your friends, (ii) are taken by you or your
friends, or (iii) are original art or animation created by you or your
friends;
- register for more than one User account,
register for a User account on behalf of an individual other than
yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely
state or otherwise misrepresent yourself, your age or your affiliation
with any person or entity;
- upload, post, transmit, share or
otherwise make available any unsolicited or unauthorised advertising,
solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
- upload, post, transmit, share, store or
otherwise make publicly available on the Site any private information of
any third party, including, addresses, phone numbers, email addresses,
credit card numbers;
- solicit personal information from anyone
under 18 or solicit passwords or personally identifying information for
commercial or unlawful purposes;
- upload, post, transmit, share or
otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or
otherwise make available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account,
service or system without authorization from the Company, or create a
false identity on the Service or the Site.
- upload, post, transmit, share, store or
otherwise make available content that, in the sole judgment of Company, is
objectionable or which restricts or inhibits any other person from using
or enjoying the Site, or which may expose Company or its users to any harm
or liability of any type.
Without limiting any of the foregoing, you
also agree to abide by the Nonleaguesponsor.com Code of Conduct.
User Content Posted on the Site
You are solely responsible for the photos,
profiles (including your name, image, and likeness), messages, notes, text, information,
music, video, advertisements, listings, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service or
the Site, or transmit to or share with other users (collectively the "User
Content"). You may not post, transmit, or share User Content on the Site
or Service that you did not create or that you do not have permission to post.
You understand and agree that the Company may, but is not obligated to, review
the Site and may delete or remove (without notice) any Site Content or User
Content in its sole discretion, for any reason or no reason, including User
Content that in the sole judgment of the Company violates this Agreement or the
Nonleaguesponsor.com Code of Conduct, or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense for creating backup
copies and replacing any User Content you post or store on the Site or provide
to the Company.
When you post User Content to the Site, you authorise and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorise sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire, however
you acknowledge that the Company may retain archived copies of your User
Content. Nonleaguesponsor.com does not assert any ownership over your User
Content; rather, as between us and you, subject to the rights granted to us in
these Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your
User Content.
Nonleaguesponsor.com Mobile Services
In the fullness of time The Service will
include certain services that are available via your mobile phone, including
(i) the ability to upload content to Nonleaguesponsor.com via your mobile phone
(Mobile Uploads), (ii) the ability to receive and reply to Nonleaguesponsor.com
messages, (iii) the ability to browse Nonleaguesponsor.com from your mobile
phone (Mobile Web), and (iv) the ability to access certain Nonleaguesponsor.com
features through a mobile application you have downloaded and installed on your
mobile phone (Mobile Client) (collectively the "Mobile Services"). We
do not charge for these Mobile Services. However, your carrier's normal
messaging, data and other rates and fees will still apply. You should check
with your carrier to find out what plans are available and how much they cost.
In addition, downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your carrier, and not all Mobile Services may work
with all carriers or devices. Therefore, you should check with your carrier to
find out if the Mobile Services are available for your mobile devices, and what
restrictions, if any, may be applicable to your use of such Mobile Services. By
using the Mobile Services, you agree that we may communicate with you regarding
Nonleaguesponsor.com and other entities by SMS, MMS, text message or other
electronic means to your mobile device and that certain information about your
usage of the Mobile Services may be communicated to us. In the event you change
or deactivate your mobile telephone number, you agree to promptly update your
Nonleaguesponsor.com account information to ensure that your messages are not
sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual property rights
of others and we prohibit users from uploading, posting or otherwise transmitting
on the Nonleaguesponsor.com website or service any materials that violate
another party's intellectual property rights. When we receive proper
Notification of Alleged Copyright Infringement, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of
repeat infringers as described herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such
infringement to us.
Repeat Infringer Policy
In accordance with the Digital Millennium
Copyright Act (DMCA) and other applicable law, Company has adopted a policy of
terminating, in appropriate circumstances and at Company's sole discretion,
members who are deemed to be repeat infringers. Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any
users who infringe any intellectual property rights of others, whether or not
there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through
the Site or the Service) links to other web sites ("Third Party
Sites") 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 (the
"Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Sites accessed through the Site or
any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that
our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or
install from the site.
Share Service
Company offers a feature whereby users of the
Site can share with others or post to their own member profile, videos,
articles and other Third Party Applications, Software or Content from, and/or
links to, Third Party Sites through the Service (the "Share
Service"). You acknowledge and agree that your use of the Share Services
and all links, User Content or Third Party Applications, Software or Content
shared through the Share Service is subject to, and will fully comply with the
user conduct rules set forth above and the other terms and conditions set forth
in these Terms of Use.
Terms of Sale
By ordering products or services from Company
through the Site, you agree to be bound by and accept the Terms of Sale. The
Terms of Sale are subject to change without prior notice at any time, in
Company's sole discretion so you should review these Terms each time you make a
purchase.
When purchasing sponsorship from the site a
user can apply for sponsorship and until they are approved cannot pay for it.Â
This precaution is in place to ensure that clubs do not end up with
inappropriate sponsors. If a user chooses to apply for sponsorship they are
entering into a legal offer of payment to the site and you are advised to think
carefully about applying as we will not accept ‘change of mind’ as a reason for
refund.
Once approved you will be securely
transferred to Paypal to complete the transaction which must be paid in full.
When paying the money to the club a 10%
handling and processing fee will be levied. The site will then be exempt from
further proceedings and both the sponsor and club must communicate to complete
any further requirements such as printing.
All Paypal fees are paid by us and will not
be passed on to either the club or the sponsor.
User Disputes
You are solely responsible for your
interactions with other Nonleaguesponsor.com users. We reserve the right, but
have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. By
using the Site or the Service, you are consenting to have your personal data
transferred to and processed in the United Kingdom.
Disclaimers
The Company is not responsible or liable in
any manner for any User Content or Third Party Applications, Software or
Content posted on the Site or in connection with the Service, whether posted or
caused by users of the Site, by Nonleaguesponsor.com, by third parties or by
any of the equipment or programming associated with or utilized in the Site or
the Service. Although we provide rules for user conduct and postings, we do not
control and are not responsible for what users post, transmit or share on the
Site and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications, Software or
Content. The Company is not responsible for the conduct, whether online or
offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Service, including any Mobile Client software. Under no circumstances will the
Company be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of
the Site or the Service, any User Content or Third Party Applications, Software
or Content posted on or through the Site or the Service or transmitted to
Users, or any interactions between users of the Site, whether online or
offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), ANY PLATFORM
APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE
COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR
ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE
ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING
OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SOFTWARE
TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR
SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY
PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE
OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and
other items used or contained in the Site and any Services and Platform
Applications offered through the Site at any time without notice. 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, or any affiliation
therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER
MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
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
COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE
COMPANY'S LIABILITY TO YOU EXCEED £100. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF
ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES
OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN COUNTRY 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership,
delete your information and any content or information that you have posted on
the Site or through any Platform Application and/or prohibit you from using or
accessing the Service or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any Platform Application) for
any reason, or no reason, at any time in its sole discretion, with or without
notice, including if it believes that you are under 18.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the
Service, you agree that the laws of the United Kingdom, without regard to
principles of conflict of laws, will govern these Terms of Use and any dispute
of any sort that might arise between you and the Company or any of our
affiliates. With respect to any disputes or claims not subject to arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the county courts of the UK, and you hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum
non convenience with respect to, venue and jurisdiction in the courts of the
UK.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY
OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY
SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING
OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO
OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION,
except that: (a) to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth above or in the Code of
Conduct then the parties acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief may be sought; and (b)
no disputes or claims relating to any transactions you enter into with a third
party through the Nonleaguesponsor.com.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER
OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no
event shall any claim, action or proceeding by you related in any way to the
Site and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You agree to indemnify and hold the Company,
its subsidiaries and affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses, including reasonable
legal fees, arising out of or in connection with any User Content, any Third
Party Applications, Software or Content you post or share on or through the
Site (including through the Share Service), your use of the Service or the
Site, your conduct in connection with the Service or the Site or with other
users of the Service or the Site, or any violation of this Agreement or of any
law or the rights of any third party.
Submissions
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the Site or the
Service ("Submissions"), provided by you to Company are
non-confidential and shall become the sole property of Company. Company shall
own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Definitions and Constructions
Unless otherwise specified, the terms
"includes", "including", "e.g.,", "for
example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these
Terms with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
Other
These Terms of Use constitute the entire agreement
between you and Company regarding the use of the Site and/or the Service,
superseding any prior agreements between you and Company relating to your use
of the Site or the Service. The failure of Company to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver of such
right or provision in that or any other instance. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. If any provision of these Terms of Use shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.