These Terms & Conditions shall govern the relationship between Allaboutballerz Ltd, a company incorporated in England & Wales with registered number 08122921 whose registered office is at 145-157 St John Street, London, England EC1V 4PW (“Allaboutballerz”) and the user (“User”) of the Allaboutballerz website (“Website”). These Terms & Conditions will apply to all Users regardless of whether they are account holders (including, for the avoidance of doubt, Users who are also contributors to the Website’s content).
1. Agreement to Use
1.1 By using or accessing the Website or registering as an account holder and using the services provided through the Website (the “Services”), Users shall be deemed to accept these Terms & Conditions. These Terms & Conditions may be changed from time to time without notice and the latest version shall apply. Users are therefore advised to check these Terms & Conditions regularly.
2. Member Accounts
2.1 In order to access some features of the Website, Users will be required to create an Allaboutballerz account. When creating an account, Users agree to provide accurate and complete information.
2.2 In order to create accounts, Users will be given a password and username. The User agrees to keep all usernames and passwords confidential and not to disclose them to any other person.
2.3 The User agrees to notify Allaboutballerz if it is believed that a password has become known to someone else or if it may be used in an unauthorised way.
2.4 Allaboutballerz accepts no liability for any unauthorised or improper use or disclosure of passwords.
3.1 To access some parts of the Services (video uploads and personal summary blogs), Users will be required to pay fees, the exact details of which will be advised separately at the point of registration (the “Fees”).
3.2 To use these parts of the Services, the User agrees (i) to pay the Fees and that Allaboutballerz may charge the User’s credit card or other form of payment that the User indicates for these services along with any additional amounts (including, for example, VAT) and (ii) that Allaboutballerz reserves the right to add or remove payment methods at its sole discretion and without notice to Users.
3.3 The User acknowledges and agrees that the User is responsible for paying all fees in a timely manner and for providing Allaboutballerz with a valid credit card or other form of payment acceptable to Allaboutballerz. In addition, the USER ACKNOWLEDGES THAT ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN THE USER AND ALLABOUTBALLEZ AND SIGNIFIES USER INTENT TO BE BOUND BY SUCH ONLINE ACCEPTANCES.
3.4 Allaboutballerz reserves the right to deny or approve refund requests at its sole discretion.
4. Website Use & Restrictions
4.1 Allaboutballerz permits Users to access and use the Services, provided that the User does not:-
4.1.1 use the Website and/or Services in an illegal manner or for illegal purposes;
4.1.2 share passwords with third parties to allow them to access those parts of the Services for which Fees are payable;
4.1.3 circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Allaboutballerz uses to protect the Services or Website or encourage or help anyone else to do so;
4.1.4 copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Website content without the prior written consent of Allaboutballerz or the respective licensors of the content; or
4.1.5 access the Services other than by means authorised by Allaboutballerz.
4.2 The User acknowledges that when using the Services there will be exposure to content from a variety of sources, and that Allaboutballerz is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such content. The User further understands and acknowledges that there may be exposure to content that is inaccurate, offensive, indecent, or objectionable and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies it may have against Allaboutballerz with respect thereto, and, to the extent permitted by law, agrees to indemnify and hold harmless Allaboutballerz to the fullest extent allowed by law regarding all matters relating to the User’s use of the Services and Website.
4.3 Allaboutballerz reserves the right to discontinue any part of the Services at any time.
5. User Content
5.1 The User acknowledges that Allaboutballerz is not responsible for the confidentiality of any content or information submitted or uploaded to the Website.
5.2 The User shall be solely responsible for any content it uploads to the Website and the consequences of submitting and publishing such content. The User affirms, represents, and warrants that it owns or has the necessary licenses, rights, consents, and permissions to publish the content submitted; and licenses to Allaboutballerz all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to such content for publication on the Website pursuant to these Terms & Conditions.
5.3 The User retains all ownership rights in its content. However, by submitting content to the Website, the User hereby grants Allaboutballerz a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Allaboutballerz (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. The User also hereby grants other users of the Website a non-exclusive license to access the content through the Website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Website and under these Terms & Conditions. The above licenses granted by the User in video content submitted to the Website shall terminate within a commercially reasonable time after removal or deletion of videos from the Website. The User understands and agrees, however, that Allaboutballerz may retain, but not display, distribute, or perform, server copies of videos that have been removed or deleted. The above licenses granted by the User in user comments submitted are perpetual and irrevocable.
5.4 The User further agrees that content submitted to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless the User has permission from the rightful owner of the material or the User is otherwise legally entitled to post the material and to grant Allaboutballerz all of the license rights granted herein.
5.5 Allaboutballerz does not endorse any content submitted to the Website by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Allaboutballerz expressly disclaims any and all liability in connection with User content. Allaboutballerz does not permit copyright infringing activities and infringement of intellectual property rights, and Allaboutballerz will remove all content if properly notified that such content infringes on another's intellectual property rights. Allaboutballerz reserves the right to remove User content without prior notice.
5.6 Allaboutballerz reserves the right to remove any User content from the Website at its sole discretion.
6. Account Termination
6.1 Allaboutballerz reserves the right to, without prior notice and at its sole discretion, withdraw access to the Services and to terminate User accounts without compensation in the event of a breach of these Terms & Conditions.
7. Information Sharing
7.1 As part of the Services, Allaboutballerz will use information and content submitted by Users (including, without limitation, sensitive personal data) with a view to aiding the promotion process and associated administrative functions. This involves Allaboutballerz, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and third parties. Information about vacancies and placements will be passed to candidates and may be posted directly onto the Website. Allaboutballerz may use third parties to help process User information as part of the promotion process. By registering and using the Website, Users consent to Allaboutballerz using their personal information (including, without limitation, sensitive personal data) in each of these ways.
7.2 Personal information may be accessed through the Website by third parties outside the Economic European Area (“EEA”). This could happen, for instance, if Users are considered for vacancies or placements where the employer is based outside the EEA. By registering and using the Website, the User consent to this transfer.
8. Links to Third Party Sites
8.1 The Website may contain links to third party websites which are not owned or controlled by Allaboutballerz. Allaboutballerz has no control over, and assumes no responsibility for, the content or practices of these sites and accordingly accepts no liability arising from a User’s use of any third party website.
9. Exclusion of Warranties
9.1 THE USER AGREES THAT ITS USE OF THE SERVICES SHALL BE AT ITS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLABOUTFOOTBALLERZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USER’S USE THEREOF. ALLABOUTBALLERZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ALLABOUTBALLERZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALLABOUTBALLERZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
10.1 IN NO EVENT SHALL ALLABOUTBALLERZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, EXPENSES OR OTHER CLAIMS WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10.2 THE USER SPECIFICALLY ACKNOWLEDGES THAT ALLABOUTBALLERZ SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
11.1 The User agrees to indemnify and keep indemnified Allaboutballerz against all costs, claims, losses (including any interest, fines, legal and other professional fees), liabilities, or proceedings arising from (i) its use or misuse of the Services and/or Website (ii) its violation of these Terms & Conditions (iii) its violation of any third party rights (including, without limitation, any copyright, property, or privacy right) or (iv) any claim that its content has caused damage to a third party.
12.1 If any provision of these Terms & Conditions is held by a court to be unenforceable, then that provision will be deemed to be amended to the extent necessary to make the Terms & Conditions fully enforceable. The unenforceability of any provision of these Terms & Conditions will not affect the remaining provisions.
13. No Waiver
13.1 No delay or omission by Allaboutballerz in exercising any right, power or remedy provided by law or under these Terms & Conditions shall affect that right, power or remedy or operate as a waiver of it.
14. The User may not assign or otherwise transfer these Terms & Conditions or any of its rights and obligations hereunder, to any third party.
15. Governing Law
15.1 These Terms & Conditions shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.