PitchPower - Terms of Use

1.1    These terms of use (“Terms of Use” or “Agreement”) constitute a legal agreement between you (“you”, “your”) and The Football Foundation, a company registered in England and Wales with registered company number 03876305, registered charity number 1079309, and registered office 10 Eastbourne Terrace, London, England, W2 6LG (“The Football Foundation”, “we”, “us”, “our”) to govern your use of the following:

• 1.1.1    the PitchPower website (http://pitchpower.org.uk/) (“Website”);
• 1.1.2    the PitchPower mobile application software (“App”);
• 1.1.3    any services provided by us through the Website or the App; and
• 1.1.4    any documents or downloadable content made available through the Website or the App (“Documents”) which are referred to collectively in these Terms of Use as the “PitchPower Service”:

1.2    References to the “PitchPower Service” in these Terms of Use refer to the whole or any part of the PitchPower Service.

1.3    The PitchPower Service is owned and controlled by The Football Foundation.

1.4    Please read the Terms of Use carefully before you start to use the App. By accessing or using the PitchPower Service, however accessed or used, you agree to be bound by these Terms of Use, our privacy policy at Appendix 1 (“Privacy Policy”) and the Cookies Notice at Appendix 2 (“Cookies Notice”). These Terms of Use affect your legal rights and obligations. If you choose not to agree with any of these Terms of Use, you must not use or access the PitchPower Service.

1.5    Subject to your compliance with these Terms of Use, The Football Foundation licenses use of the PitchPower Service to you, provided that your use of the PitchPower Service is solely for either your personal or commercial use.

1.6    The PitchPower Service is made available free of charge. 

1.7    You must be 16 years of age or older to download and/or use this App. 

2.1    References to “the App” in these Terms of Use includes any updates or supplements to the App (unless they come with separate terms, in which case the most recent updated terms shall prevail over these Terms of Use in the event of conflict).

2.2    We reserve the right, at our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will endeavour to provide reasonable advance notice before the updated Terms of Use become effective. You agree that we may notify you of the updated terms by posting them in an appropriate location on the Website or App, and that your use of the PitchPower Service after the effective date of the updated Terms of Use (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms of Use.

2.3    The updated Terms of Use may be displayed on-screen and you may be required to read and accept them to continue your use of the PitchPower Service. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in them, and will apply to your use of the PitchPower Service from that point forward.  If you do not agree to the updated Terms of Use, you are not permitted to continue to use the App or any other part of the PitchPower Service.

2.4    You should review these Terms of Use regularly (as may be updated from time to time) to ensure that your continued use of the PitchPower Service is compliant.

3.1    The App requires a Smart Mobile Phone device with a minimum of 4gb of memory, Internet access and an up-to-date operating system. 

4.1    By downloading the App from the Website or clicking on the "Accept" button below you agree to these Terms of Use, which will bind you. These terms include, in particular:

• 4.1.1    the licence conditions and restrictions (conditions 6 and 7);
• 4.1.2    the acceptable use restrictions (condition 8);
• 4.1.3    the User Content conditions (condition 9);
• 4.1.4    disclaimers of warranties (condition 17);
• 4.1.5    limitations on liability (condition 18); 
• 4.1.6    indemnity (condition 19);
• 4.1.7    the Privacy Policy (at Appendix 1); and
• 4.1.8    the Cookies Notice (at Appendix 2).

4.2    If you do not agree to these Terms of Use, you are not permitted to download or use the App or any other part of the PitchPower Service.

4.3    The App is downloadable at no charge and it will not be possible to purchase goods or services through the App. You are therefore not a consumer in respect of the PitchPower Service, or the Football Foundation (in respect of your use of the PitchPower Service).

4.4    You should print a copy of these Terms of Use for future reference.

5.1    From time to time updates to the App may be issued through the PitchPower Service. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

5.2    You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 6.2.1 (“Devices”) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms of Use for the use of the App or any other part of the PitchPower Service on or in relation to any Device, whether or not it is owned by you. 

5.3    The terms of our Privacy Policy (as varied from time to time) and the terms of our Cookies Notice (as varied from time from time) apply to the PitchPower Service. Additionally, by using the PitchPower Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the PitchPower Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5.4    By using the PitchPower Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the PitchPower Service that are internet-based or wireless to improve the PitchPower Service.

The PitchPower Service may make use of location data sent from the Devices. 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, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. For the purposes of this Agreement, the term “Affiliate” shall mean any entity that (directly or indirectly through one of more intermediaries) controls, is controlled by, or is under common control with The Football Foundation.

6.1    In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to use the PitchPower Service and the App on the Devices, subject to these Terms of Use and the Privacy Policy and Cookies Notice (which are incorporated into these Terms of Use by reference). We reserve all other rights.

6.2    You may, for your personal purposes only:

• 6.2.1    download a copy of the App and view, use and display the App on any of the following Devices:
• (a)    Mobile phone;
• (b)    tablet;
• (c)    PC or Laptop. 
• 6.2.2    use the PitchPower Service through the Website (subject to your web browser permitting access); and
• 6.2.3    use the Documents.

6.3    You warrant that you have the legal right and capacity to enter into and comply with these Terms of Use in your jurisdiction.

7.1    Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

• 7.1.1    not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
• 7.1.2    not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
• 7.1.3    not to copy the App, 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;
• 7.1.4    not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that by virtue of section 296A of the Copyright, Designs and Patents Act 1988 such actions cannot be prohibited, provided that the information obtained by you during such activities: 
• (a)    is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
• (b)    is not used to create any software that is substantially similar to the App;
• 7.1.5    to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
• 7.1.6    not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
• 7.1.7    to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any service provided through the App (“Technology”).

8.1    You must:

• 8.1.1    not use the PitchPower Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PitchPower Service or any operating system, or by interfering with or disrupting the PitchPower Service or servers or networks connected to the PitchPower Service, including by transmitting or introducing any worms, viruses, spyware, malware, Trojan horses, logic bombs or any other code of a destructive or disruptive nature);
• 8.1.2    not create accounts with the PitchPower Service by using an automated device, script, bot, spider, crawler or scraper (or comparable technology);
• 8.1.3    not change, modify, adapt or alter the PitchPower Service or change, modify or alter another website so as to falsely imply that it is associated with the PitchPower Service or The Football Foundation;
• 8.1.4    not infringe our intellectual property rights or those of any third party in relation to your use of the PitchPower Service;
• 8.1.5    not transmit, or allow to be transmitted, any material that is defamatory, offensive or otherwise objectionable in relation to your use of the PitchPower Service;
• 8.1.6    not transmit, or allow to be transmitted, any material that is violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the PitchPower Service;
• 8.1.7    not bully, abuse, harass, threaten or intimidate people or entities via the PitchPower Service;
• 8.1.8    not use the PitchPower Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 
• 8.1.9    not collect or harvest any information or data from the PitchPower Service or our systems or attempt to decipher any transmissions to or from the servers running the PitchPower Service;
• 8.1.10    not use the PitchPower Service in any way that violates any applicable law or regulation (including without limitation international law and any laws regarding the export of data or software to and from the UK or other countries);
• 8.1.11    not use the PitchPower Service for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• 8.1.12    not use the PitchPower Service to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• 8.1.13    not use the PitchPower Service to impersonate or attempt to impersonate The Football Foundation or any other person or entity; 
• 8.1.14    not engage in any other conduct that restricts or inhabits anyone’s use or enjoyment of the PitchPower Service or which, as determined by us, may harm or expose to liability The Football Foundation or users of the PitchPower Service;
• 8.1.15    not use any manual process to monitor or copy any of the material on the PitchPower Service without our previous written consent (unless permitted under these Terms of Use);
• 8.1.16    not attack the PitchPower Service via a denial of service attack or a distributed denial of service attack; and
• 8.1.17    not otherwise attempt to interfere in any way with the proper working of the PitchPower Service. 

8.2    You acknowledge that the PitchPower Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the PitchPower Service (in particular the App) meet your requirements.

8.3    We supply the App and other parts of the PitchPower Service for both domestic, private, and professional commercial use, in furtherance of our charitable purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4    By accessing or using the PitchPower Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use it.

9.1    You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, applications, links and other content or materials (collectively, "User Content") that you submit, post, or display on or via the PitchPower Service. You must comply with all laws, rules and regulations applicable to your use of the PitchPower Service and your User Content.

9.2    The Football Foundation is not responsible for any User Content posted on or via the PitchPower Service by you or other PitchPower Service users. 

9.3    You represent and warrant that:

• 9.3.1    you own the User Content posted by you on or through the PitchPower Service or otherwise have the right to post such content; 
• 9.3.2    the posting and use of your User Content on or through the PitchPower Service does not violate, misappropriate or infringe on the rights of any third party, including (without limitation) privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and
• 9.3.3    you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the PitchPower Service.

9.4    You agree that The Football Foundation is not responsible for, and does not endorse, User Content posted within the PitchPower Service. The Football Foundation does not pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms of Use, you shall bear any and all legal responsibility for that User Content.

9.5    We may (but have no obligation to) remove, edit, block, and/or monitor User Content or accounts containing User Content that comes to our attention and we determine, at our sole discretion, violates these Terms of Use. If you become aware of any User Content which contains materials which breach these Terms of Use or are objectionable in any way please let us know at safeguarding@footballfoundation.org.uk.

9.6    The PitchPower Service does not include a backup service and you agree that you will not rely on the PitchPower Service for the purposes of User Content backup or storage. The Football Foundation will not be liable to you for the loss of any User Content, whether as a result of termination of access to your account or otherwise. 

10.1    You must not create accounts with the PitchPower Service through unauthorised means, including by redeeming a voucher or any other code not personally assigned to you by The Football Foundation or an organisation authorised by The Football Foundation.

10.2    You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account username, or any account rights. You agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to The Football Foundation upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

10.3    You agree that you will not solicit, collect or use the login credentials of other PitchPower Service users.

10.4    You are responsible for keeping your password secret and secure.

10.5    We reserve the right to impose forfeiture of any username for any reason.

11.1    We may terminate this Agreement immediately by written notice to you:

• 11.1.1    if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
• 11.1.2    if you breach any of the Licence restrictions for the App (condition 7), the Acceptable Use restrictions (condition 8), the User Content conditions (condition 9), or the Intellectual Property conditions (condition 14); 
• 11.1.3    if we discontinue the App or other part of the PitchPower Service;
• 11.1.4    if we lose any relevant rights required to provide the PitchPower Service; or 
• 11.1.5    if provision of the App or other part of the PitchPower Service becomes unlawful.

11.2    We reserve the right to suspend or stop providing all or part of the PitchPower Service to you at any time if, in our opinion, you violate the letter or spirit of these Terms of Use, or otherwise create a risk or possible legal exposure for The Football Foundation or their respective names or reputations. You may also be blocked from further registration in the future.

11.3    We reserve the right to terminate this Agreement on 30 days’ written notice to you provided via the PitchPower Service (or by an email address provided by you to us).

11.4    On termination of this Agreement:

• 11.4.1    all licences and rights granted to you under these Terms of Use shall cease (including your right to use the App);
• 11.4.2    you shall immediately cease all activities authorised by these Terms of Use, including your use of the PitchPower Service; and
• 11.4.3    you shall immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

11.5    The Football Foundation will not be liable to you for any modification, suspension, or discontinuation of the PitchPower Service.

12.1    There may be links from the PitchPower Service, or from communications you receive from the PitchPower Service, to third-party web sites or features. Functionality on the PitchPower Service may also permit interactions between the PitchPower Service and a third-party web site or feature. The Football Foundation does not control any of these third-party web sites, any services or products offered through them or any of their content. You expressly acknowledge and agree that The Football Foundation is in no way responsible or liable for any such third-party websites, services or features.
 

13.1    You may link to the PitchPower Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

13.2    The PitchPower Service may provide certain social media features that enable you to include links to the PitchPower Service on your own or third party websites or platforms. Any website, platform, or social media account from which you are linking or adding content relating to PitchPower must comply with these Terms of Use. 

13.3    At our absolute discretion, we reserve the right to withdraw linking permission and/or to disable all or any social media features and links at any time without notice.

14.1    You acknowledge that all intellectual property rights in the PitchPower Service (including but not limited to the App, the Documents, the Technology, all information, software, text, displays, images, video, audio, and designs) anywhere in the world belong to us or our licensors, and that rights in the App are licensed (not sold) to you. You acknowledge that you have no rights in, or to, the App, the Documents, the Technology or any other part of the PitchPower Service other than the right to use the PitchPower Service in accordance with these Terms of Use.

14.2    You acknowledge that you have no right to have access to the App in source-code form.

14.3    The PitchPower name is a registered UK trademark owned by The Football Foundation and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Football Foundation. In addition, all page headers, custom graphics, button icons, scripts, related names, product and service names, slogans, service marks, trade marks and/or trade dress of The Football Foundation that relate to the PitchPower Service may not be copied, imitated or used, in whole or in part, without prior written permission from The Football Foundation. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the PitchPower Service. 
 

Although it is The Football Foundation’s intention for the PitchPower Service to be available as much as possible, there may be occasions when the PitchPower Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We cannot guarantee that the PitchPower Service will operate continuously or without interruptions or be error free and we accept no liability for its unavailability.
 

You are solely responsible for your interaction with other users of the PitchPower Service. You agree that The Football Foundation is not responsible or liable for the conduct of any user.

17.1    The PitchPower Service is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither The Football Foundation nor any of its subsidiaries, employees, managers, officers or agents (collectively, "The Football Foundation Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

• 17.1.1    the PitchPower Service (including the Website, the App and the Documents);
• 17.1.2    the User Content; or
• 17.1.3    security associated with the transmission of information to the PitchPower Service or via the PitchPower Service.

17.2    To the fullest extent permissible by law, The Football Foundation Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, completeness, accuracy, system integration and freedom from computer virus, in relation to the PitchPower Service. Any reliance you place on PitchPower Service information is strictly at your own risk and we accept no liability in relation to such reliance. 

17.3    The Football Foundation Parties do not represent or warrant that the PitchPower Service will be error-free or uninterrupted; that defects will be corrected; or that the PitchPower Service or the server that makes the PitchPower Service available is free from any harmful components (including, without limitation, viruses). The The Football Foundation parties do not make any representations or warranties that the information (including any instructions) on the PitchPower Service is accurate, complete, or useful.

17.4    You acknowledge that your use of the PitchPower Service is at your sole risk. The Football Foundation Parties do not warrant that your use of the PitchPower Service is lawful in any particular jurisdiction, and specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms of Use.

17.5    The Football Foundation Parties do not endorse User Content and, to the fullest extent permissible by law, specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content.
 

18.1    Nothing in these Terms of Use shall limit or exclude our liability for:

• 18.1.1    death or personal injury resulting from our negligence;
• 18.1.2    fraud or fraudulent misrepresentation; and
• 18.1.3    any other liability that cannot be excluded or limited by English law.

18.2    To the fullest extent permissible by law, we accept no liability for:

• 18.2.1    any indirect or consequential loss or damage arising in connection with your use of the PitchPower Service; or
• 18.2.2    any loss of or damage to data, loss of profit, loss of goodwill, loss of revenue or loss of business, loss of opportunity, whether direct or indirect in each case, however caused, even if foreseeable.

18.3    The loss of damage referred to in condition 18.2 includes (but is not limited to) loss or damage relating to the following (in relation to the PitchPower Service):

• 18.3.1    the User Content;
• 18.3.2    your use of, inability to use, or the performance of the PitchPower Service;
• 18.3.3    data;
• 18.3.4    any action taken in connection with an investigation by the parties or law enforcement authorities regarding your or any other party's use of the PitchPower Service;
• 18.3.5    any action taken in connection with copyright or other intellectual property owners;
• 18.3.6    any errors or omissions in the PitchPower Service's operation; and
• 18.3.7    any damage to any user's computer, device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

18.4    If we are held to be liable to you for any reason, our total aggregate liability to you for all claims brought under, or in relation to, these Terms of Use will be limited to a total of £200.This limit does not apply to any liability under condition 18.1.

18.5    You are responsible for ensuring that your Device meets all relevant technical specifications necessary to use the App. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

18.6    We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

18.7    The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

19.1    You agree to defend, indemnify, and hold harmless The Football Foundation, the Football Foundation Parties, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the PitchPower Service.

20.1    These Terms of Use, its subject matter and its formation, are governed by English law. The courts of England and Wales will have non-exclusive jurisdiction. 

20.2    If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. 

20.3    If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

20.4    These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version takes precedence. 

20.5    We may transfer, replace, assign, or subcontract our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person with our prior written approval.

20.6    We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or service to any person or geographic area.

20.7    The Terms of Use (including the Privacy Policy and Cookies Notice) constitutes the sole and entire agreement between you and The Football Foundation with respect to the PitchPower Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the PitchPower Service. 

20.8    These Terms of Use do not confer any rights on any person or party (other than you and us) under the Contracts (Rights of Third Parties) Act 1999.

21.1    If you wish to contact us in writing, or if any condition in these Terms of Use requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to The Football Foundation at 10 Eastbourne Terrace, London, W2 6LG and/or pitchpower@footballfoundation.org.uk. We will confirm receipt of this by contacting you in writing.

21.2    If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us.

Appendix 1: Privacy Policy

footballfoundation.org.uk/pitchpower-privacy-statement 
 

Appendix 2  : Cookies Notice

footballfoundation.org.uk/pitchpower-cookie-policy