- 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
1.3 The PitchPower Service is owned and controlled by The Football Foundation.
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.
3. Operating system requirements
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. IMPORTANT NOTICE
- 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);
- 4.1.8 the Cookies Notice (at Appendix 2).
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).
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.
5.4 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. Grant and scope of licence
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.
7. Licence restrictions for the App
- 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. Acceptable use restrictions
8.1 You must:
- 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;
- 8.1.16 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. User Content conditions
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.
9.6 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. Termination of PitchPower Service
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.
11.3 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:
- 11.4.3 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. Linked sites
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. Linking to the PitchPower Service
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.
13.3 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. Intellectual property rights
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.
15. Availability of 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.
16. Other users
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. DISCLAIMERS OF WARRANTIES
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.
17.5 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. LIMITATION OF LIABILITY
- 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.
18.5 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.
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.
21. Communication between us
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 2 : Cookies Notice