Términos de servicio
Before accessing and using the Platform and the Services or any portion thereof please read carefully the following terms and conditions contained in these Terms. Please note that your access to and use of the Platform and the Services or any portion thereof is subject to these Terms as well as to the applicable laws and regulations. By your access to and use of the Platform and the Services or any portion thereof you irrevocably and unconditionally agree to be bound by any and all of the terms and conditions set forth in these Terms. If you do not agree with these Terms or any provision herein, you are not granted permission to access or otherwise use any part of the Platform and/or the Services and you must cease from accessing and using the Platform and the Services or any portion thereof with immediate effect.
- REFEREE RECORDER is a full service online platform (“Platform”) created and designed to provide you with software, technology, data feeds and services offered via the Platform in order to record, create, view, browse and share video content from sport matches (“Your content”) anywhere all over the world (collectively as “Services”). The platform consists of the Web (www.refereerecorder.com) and the Application (desktop version www.app.refereerecorder.com and/or mobile applications available on App Store and Google Play).
- The Platform is owned and operated by Referee Recorder, spol. s r. o., Na Výspě 1823/64, Praha 4, 14700, a company incorporated and existing under the laws of Czech Republic with a company identification number: 26137836 (here and after as “Referee Recorder”, or just “We”, e.g. our services…)
- These Terms apply to you (as “User”), using the Platform regardless of your intention, once you register and create an account on the Platform and use the Services. In order to access to services, you will have to register and create an account on the Platform and fulfil other conditions in accordance with these Terms and instructions indicated on the Platform.
- These Terms of Service (“Terms”) form a legally binding agreement between you and Referee Recorder in relation to your access and use of the Platform and the Services. Referee Recorder hereby grants you permission to access and use the Platform and the Services pursuant to the terms and conditions contained herein.
- You accept the Terms by visiting and using the Platform or accessing and using the Services. You hereby acknowledge and accept to the full extent that Referee Recorder will treat your access and use of the Platform or the Services as acceptance of the Terms from that point onwards.
- In order to use the Services you have to sign up (register) your account.
- When creating your Account, you must provide your e-mail address and accurate and complete information and data indicated on the Platform. You warrant and represent that any information and data provided to Referee Recorder is truthful, accurate and complete and that you will update all such information as necessary to maintain its truthfulness, accuracy and completeness. You are solely responsible for the activity that occurs on your Account, and you must keep your User password secure. You must notify Referee Recorder immediately of any breach of security or unauthorized use of your Account. Referee Recorder shall not be held responsible for any losses caused by any unauthorized use of your Account.
- You can have an access to more than one Account, however, you cannot create another Account with the same e-mail. Your Account is not transferable, and you may never use another User’s account.
Subscriptions and payments
- You agree that certain features and functionalities of the Services are subject to subscriptions and payments as indicated on the Platform (“Premium membership”) in E-shop section.
- The subscriptions and payments for purchasing the Premium membership are indicated on the Platform. If you choose to get a Premium membership, you irrevocably and unconditionally agree to pay fees related to such Premium membership pursuant to the payment instructions indicated on the Platform and the terms and conditions set forth in these Terms.
- Prior to ordering and purchasing the Premium membership, you must provide truthful, complete and accurate billing information, including your payment method data – e.g bank card details or any other (if provided on the Platform). By providing your payment information either during registration or at any time thereafter, you warrant and represent that such payment method data and billing information is complete, correct and accurate.
- You hereby confirm and accept that the billing information you provide to us via the Account are truthful, complete and correct and that we are entitled to invoice you through electronic
- You can choose to pay for the Premium membership on monthly or yearly basis, if available to you on the Platform. We will charge you (“the Fee”) based on selected period. Any and all payments of the Fees are due on the first day of each period of the Premium membership (“Payment Date”) and we may charge your credit card at any time on and after the Payment Date to settle our claims.
- You may cancel the Premium membership at any time for any reason or for no reason. The cancelation of the Premium membership will not affect your obligation to pay the Fee which has become due prior to delivery of the notice of cancelation to us. If you cancel your Premium membership after the Payment Date, your Premium membership will be cancelled on the last day of the period of your Premium membership to which such Payment Date is related.
- We may provide you with a free-trial period of using of the Premium membership (if provided on the Platform) during which you may use the Premium membership free of charge (“Free Trial Period”). Please note that you are not entitled to the Free Trial Period automatically and granting the Free Trial Period is in the sole discretion of us.
- If you do not cancel the Premium membership at least the last day of Free Trial Period, you will be automatically charged the Fee for the chosen Premium membership on the first day following the last day of the Free Trial Period. In this case the first Payment Day will be the day following the last day of the Free Trial Period. If you cancel the Premium membership before the end of the Free Trial Period, the Premium membership will be cancelled on the last day of the Free Trial Period.
- You authorize us to charge your credit card for any amounts which is to be paid or overdue. You agree that you will be charged using your credit card via card payment gate.
- If available to you on the Platform, you may change the payment method during your Premium membership (f.e. you need to change a credit card)
- If provided and you use our mobile application from App Store, you can order and pay via App Store. Please read an article “App Store purchases”.
- You can create a data content in the Application, f.e. matches, videoclips, game match video record, notes a, accounting, statistic data and others sections of the Platform (“Your content”).
- You retain all of your ownership rights of Your content, but you are required to grant limited license rights to us.
- You understand and agree that you are solely responsible for Your content and the consequences of posting, publishing or sharing it. We do not endorse any Your content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your content.
- You represent and warrant that you have (and will continue to have during your use of the Platform) all necessary licenses, rights, consents, and permissions which are required to enable us to use Your content for the purposes of the provision of and use of the Platform by us, and otherwise to use your content in the manner contemplated by the Platform and these Terms.
- You agree that you will not create, store and share any Your content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Platform.
- You agree that Your content create, store and share to the Platform will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner.
- On becoming aware of any potential violation of these Terms, we reserve the right (but shall have no obligation) to decide whether Your content complies with the content requirements set out in these Terms and may remove such Content and/or terminate your access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
- By placing the order, you acknowledge having been familiarized with these Terms of service prior to entering into the agreement, namely with the representations and warranties given.
- Prices include VAT and other taxes and fees (if any) payable by you for a product in question (excl. shipping fees, collection fees.
- We accept the following for methods of payment: Online card payment with the card details entered being remembered by the respective bank and used for future payments (You can cancel this option), Pay Pal
- We deliver the goods either in co-operation with a shipping company or electronically (digital content – subscription).
- Information about the exact shipping time is included in the email letter sent tou you after the purchase. The shipping period and fees depend on the option selected in your order.
- Delivery of physical goods is limited by public holidays in the place of delivery and the Czech Republic.
- Warranty – Warranty terms and conditions are governed by relevant law. In general, the warranty takes 2 years from your purchase
- You can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 30 days commencing on the day of receiving the goods (purchase agreements); receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or receiving the first delivery (ongoing contracts); ; and do so in writing either by sending the notice of withdrawal to us or completing the Contact form available on our web or sending the notice via post on the address of our company office.
- If withdrawing from the agreement, you are to return the goods delivered by us and do so at your cost without undue delay, however, no later than within 7 days after withdrawing from the agreement.
- The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by you from us.
- You are liable to us for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
- You withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by us without undue delay, however, no later than within 30 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
- You withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to us and we received it.
- You acknowledge that if the goods are delivered along with any gifts, we and you enter into a contract of donation on the condition that such contract of donation terminates as soon as you enjoy its right and withdraws from the purchase agreement whereby you must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, we may and can claim monetary compensation in the amount of ordinary price.
- The Platform is provided by Referee Recorder spol. s r. o. (hereinafter as “we”) and through these Terms we hereby provide to you a revocable, limited, non-exclusive, non-transferable license to access and use the Platform and the Services solely for your own personal use. Your use of the Platform and the Services and any and all parts thereof is conditioned on your continued compliance with the terms and conditions stated in these Terms. You expressly acknowledge and agree that we do not transfer to you any ownership or intellectual property interest or any title to the Platform and/or the Services or any portion thereof.
- You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with us, or you are a person who is legally prohibited from receiving or using the Services under the laws of the country in which you reside or from which you access or use the Services.
- We may choose a different payment method to charge any amount due against you under these Terms in its sole discretion. If, for whatever reason, you fail to pay to us any payment due under these Terms or we charge your credit card pursuant to these Terms and the payment does not go through, we are entitled to suspend your Premium membership.
- We may at any time suspend provision of the Services without liability if we reasonably you use, distribute or make available any part of the Services (including the Your content) other than in accordance with these Terms and the applicable law and regulations; or any your activity is likely to be infringing (or has infringed) the our rights of rights any third party; or provision of the Services (or any part of it) has become out of accord with: (i) any law and/or regulation applicable in relation to provision of the Platform and/or the Services; and/or (ii) any accreditation, permission or other right granted to or held by us. We shall give you prior notice of its intention to suspend the Service in accordance with these Terms, except where we reasonably believe that it needs to suspend the Service immediately to mitigate any potential losses, damages or claims.
- Any and all intellectual property rights in relation to the Platform and/or the Services are and will remain our property. The User hereby assigns to us, free of charge (including where applicable by way of present assignment of future rights) all legal and beneficial rights, licenses, title, interest (including but not limited to copyright and all other intellectual property rights) which it may from time to time acquire or hold throughout the world in and to the Platform and/or the Services free of any third party rights absolutely, with full title guarantee for the full duration of such rights (including any and all extensions, reversions and renewals thereof) and the User shall, in any jurisdiction where such assignment does not take effect, hold such rights for the benefit of Referee Recorder absolutely.
- All Content and material that you supply to us, upload, store, distribute, post, display or otherwise make available to or through the Platform is generated, owned and controlled by us. You hereby represent and warrant that your content and material you make available to or through the Platform have not and will not violate any applicable laws and regulations as well as any third party´s rights and rightful interests in any way whatsoever and that in case such use of such Content is dependent on a third party’s consent, such content had been previously given and/or acquired. In relation to the Content and material you make available to or through the Platform which according to the applicable law cannot be owned by Referee Recorder, you hereby grant to Referee Recorder a non-exclusive, worldwide, perpetual, royalty-free, fully paid up, license and sub-licensable right (through multiple tiers) to use such Content and material in any means permitted by the applicable law.
- You shall not
- create a false identity for the purpose of misleading others or impersonate any person or entity;
- violate any applicable local, state, national or international law;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Platform or any of its part in any way. You agree not to use the Platform for any of the following commercial uses unless you obtain our prior written approval.
- modify or make derivative works based upon the Platform and the Services;
- create internet “links” to the Platform or the Services or “frame” or “mirror” the Platform on any other server or wireless or internet-based device without the consent of Referee Recorder;
- make reverse engineering or access the Platform in order to design, copy or build or a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Platform and the Services
- copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of us
- circumvent, disable or otherwise interfere with any security related features of the Platform. You shall not launch or try to launch an automated program or scripts, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests, or unduly burdens or hinders the operation and/or performance of the Platform.
- interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks.
- We have the right, but not the obligation, to monitor any activity and content associated with the Platform and the Services. We may investigate any report violations of these Terms or complaints and take any action permitted by the applicable law that we deem appropriate.
- We reserve the right, at any time and without prior notice, to suspend or terminate your Account, or restrict, disable or permanently bar your access and use of the Platform or the Services (or any part thereof), if we reasonably believes, in its sole discretion, that you have engaged, or may engage, in any activities that violate these Terms.
- While we endeavor to provide reliable and functional services, the Platform (or any portion thereof) and the Services (or any portion thereof) including any information, data or material arising therefrom are provided to you on an „as-is“ and „as available“ basis and we make no warranty or representation to you in relation to them.
- No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to this Terms or to the Platform or any of the Services except to the extent that they are expressly set out in these Terms.
- You hereby undertake to indemnify us and hold us harmless for any damages (direct, indirect, punitive, incidental, special, exemplary, consequential or any damages for loss of use, data, business or profits), costs, acts, legal actions, claims, expenses (including any legal fees and costs, court fees etc.) which we suffer as a direct or indirect result of any of the following:
- your breach of this Terms or any provisions thereof, including any failure to perform your duties in accordance with these Terms;
- any warranty or representation given by you under these Terms or provided when accessing and using the Platform and/or the Services being incorrect or misleading in any way; or
- any of your negligent act or failure to act, except to the extent that any such loss, damage, claim, action or expense is caused solely by the negligence or other wrongful act or omission of us.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
- We constantly innovate our services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.
- We reserve a right shut down services for the time strictly necessary to launch new features or fix some possible issues.
- These Terms may be updated, changed, modified, supplemented or updated unilaterally by us from time to time without advance notice by posting here and you will be bound by such new version of the Terms, if you continue to use the Platform after the new version of the Terms being posted.
- These Terms (including any non-contractual obligations arising from it) are governed by the laws of Czech republic. Any dispute or claim arising out of or relating to these Terms or claim of breach hereof shall be brought exclusively in the respective district court in Prague having jurisdiction in the district in which Referee Recorder has its registered seat.
- The agreement is entered into in the English language. If the agreement is required to be translated into another language, the English version prevails in case of discrepancies between the two language versions.
App Store consequences
- These Terms are concluded between Us and You and not with Apple, We are solely responsible for the licensed Application (hereinafter Application) and the content thereof. These Terms may not provide for usage rules for Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date
- Scope of License: The license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing (if provided).
- Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Application, as specified in these terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, the You may notify Apple, and Apple will refund the purchase price for the Application to You; To the maximum extent permitted by applicable law, Apple have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
- Product Claims: We (not Apple), are responsible for addressing any your claims or any third party relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Our Licensed Application’s use of the HealthKit and HomeKit frameworks. These terms do not limit our liability to Your beyond what is permitted by applicable law.
- Intellectual Property Rights: In the event of any third party claim that the Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, We (not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- All your questions, complaints or claims with respect to the Licensed Application share with us via contact details listed at the end of these Terms.
- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using our Application.
- Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary thereof
Na Výspě 1823/64, Prague 4, 147000, Czech republic
ID 26137836, EORI/VAT# CZ26137836
+420 602 100 975
These Terms and parts hereto come into force and effect on 06 March 2021, repealing the previous versions.