TERMS AND CONDITIONS
International Loyalty & Charity Cup Committee hereinafter (“ILCCC”)
Address: Einsteinweg 11 P
Postal Code: 3225 LT Hellevoetsluis
Country: Netherlands – European Union
The International Loyalty & Charity Cup Committee (“ILCCC”) provides you with its website www.loyaltyandcharitycup.com (“ILCCC Website”) and the ILCCC applications (“ILCCC Apps”) (together hereinafter referred to as (“ILCCC’s Football, Entertainment and Broadcast Platforms”), including any services, content and software (“Services”), subject to the following Terms and Conditions and any documents referred to in them hereinafter referred to as the (“Terms”).
1 Acceptance of terms
1.1 By accessing, downloading, installing, or using the ILCCC Platforms, whether or not you become a registered user, you signify your agreement with and understanding of the following Terms and the legal information pertaining to both the ILCCC Platforms and any material on them, which you acknowledge that you have read and understood. If you do not agree to these Terms, please do not access the ILCCC Platforms.
1.2 In addition, when using particular Services, you and ILCCC shall be subject to any specific guidelines or rules related to such concerned services that may be posted on the ILCCC Platforms from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. To the extent that there is any inconsistency between these Terms and any other guidelines or rules, those guidelines or rules shall prevail in respect of the concerned Services
1.3 We reserve the right to change these Terms at any time. Please be advised to review these Terms at http://www.loyaltyandcharitycup.com/legal on a regular basis to keep yourself informed of any changes.
1.4 By using the ILCCC Platforms, you agree that the posting of new or revised Terms on or within the ILCCC Platforms shall constitute adequate and constructive notice to you of any and all changes. Continued use of the ILCCC Platforms following any such changes shall constitute your acceptance of such changes.
2 REGISTRATION OBLIGATIONS
2.1 Certain areas of the ILCCC Platforms require registration (“Restricted Areas”). By registering, you represent and warrant that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information you include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individual, independent persons who are eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the ILCCC Platforms.
2.2 In respect of your use of these Restricted Areas, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Personal Data”); and (ii) maintain and promptly update your Personal Data to keep it true, accurate, current and complete. You can access your Personal Data by logging into your account.
2.3 If you provide, or ILCCC has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or ILCCC otherwise reasonably considers that you have failed to comply with any provisions of these Terms, ILCCC has the right to immediately suspend or terminate your account and refuse you access to any and all current or future use of the ILCCC Platforms (or any portion thereof).
3 USE AND ACCESS FOR CHILDREN
ILCCC is solemnly concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents / guardians who wish to allow their children access to the ILCCC Platforms should review these Terms and assist such children with the setting up of any relevant accounts and supervise the child’s access to the ILCCC Platforms. By allowing your child access to the ILCCC Platforms, he or she will be able to access all of the ILCCC Platforms, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by unsupervised children. Please remember that the ILCCC Platforms are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the ILCCC Platforms and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through the ILCCC Platforms, and any other material on the ILCCC Platforms (“Content”) are appropriate for your child. ILCCC disclaims any and all liability in this respect.
4.1 The ILCCC Platforms include: (i) Content provided by ILCCC (“ILCCC Content”); (ii) Content that is uploaded, posted, submitted or otherwise transmitted by Users of the ILCCC Platforms (“User Submissions”); and (iii) Content that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third Party Content”).
4.2 All ILCCC Content, including ILCCC Feeds, is owned by, or licensed to, ILCCC. ILCCC Content is provided to you and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than their access and usage on the ILCCC Platforms. For that sole and exclusive purpose, ILCCC grants to you a limited, revocable, non-exclusive license to access and use the ILCCC Platforms privately for non-commercial purposes, in accordance with these Terms.
5 USER SUBMISSIONS
5.1 You retain all rights in any User Submission that you provide to the ILCCC Platforms. You shall be solely responsible for your own User Submissions and the consequences of uploading them. Please also refer to Our Community Terms and Conditions at http://www.loyaltyandcharitycup.com/legal, which form an integral part of these Terms.
5.2 The ILCCC Platforms provide in some cases unfiltered access to User Submissions. You understand and agree that ILCCC only acts as a platform for such User Submissions and that We have no liability related to such content posted on the ILCCC Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. ILCCC cannot, nor does it undertake any obligation to control User Submissions. By their very nature, User Submissions on the ILCCC Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. ILCCC does not make any representation or warranty, express or implied, as to User Submissions.
5.3 You represent and warrant that your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You in particular represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
5.4 You grant to ILCCC an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the ILCCC Platforms or ILCCC’s (and its successor’s) business, including, without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the ILCCC Platforms a non-exclusive license to access and use your User Submissions through the ILCCC Platforms.
5.5 You understand and agree that ILCCC has no obligation to post any User Submission from you or anyone else. In addition, ILCCC may, in its sole discretion, edit, remove or delete any User Submission that you post or submit, as well as terminate your access to the ILCCC Platforms without notice if, in its opinion, such User Submission infringes another’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, ILCCC reserves the right to determine the final design, layout and functionality of the ILCCC Platforms, which may involve the review, formatting and editing of User Submissions.
6 THIRD PARTY CONTENT
6.1 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the ILCCC Platforms, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant.
6.2 You agree that: ILCCC shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the ILCCC Platforms and that any orders placed by you on, and any product specifications and product availability appearing on, the ILCCC Platforms (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
6.3 Third parties may provide, and the ILCCC Platforms may contain, API’s, API’s, or feeds from or to other websites or resources. Because ILCCC has no control over such sites and resources, you acknowledge and agree that ILCCC is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that ILCCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, services or any other material available on or through any such API’s, links or feeds from or to other websites or resources.
6.4 In the event that you wish to establish a link to any ILCCC Platform, you expressly agree: (i) not to include the ILCCC Platform into the frame of another website; (ii) not to create any third party association with the ILCCC Platform; (iii) to properly attribute the ILCCC Platform referred to in your link to ILCCC; and (iv) to ensure that the link does not state nor imply that ILCCC approve of, sponsors or endorses any other website activity, company, resource or entity, or presents ILCCC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages ILCCC’s reputation or takes advantage of it.
6.5 Irrespective of the promise made by you to ILCCC in Clause 6.1 to and including
6.6 regarding the misappropriation and/or any potential confusion in respect of Third Party Content, the link to the ILCCC Platforms does not permit you to use any ILCCC and/or Third Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder.
6.7 ILCCC reserves the right to require you at any time to remove any link to the ILCCC Platforms.
6.8 If you wish to use or display any ILCCC Feeds / ILCCC APIs on your website, you expressly agree: (a) to ask prior written approval of ILCCC in order to be granted a non-transferable, royalty free, nonexclusive license to display such feeds on your website subject to these Terms; (b) to ensure that the ILCCC Feed / ILCCC API does not state or imply that ILCCC approves of, sponsors or endorses any other website activity, company or entity, resource, content, or presents ILCCC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages ILCCC’s reputation or takes advantage of it;(c) to properly attribute the ILCCC Feeds used to avoid any misappropriation or confusion; and (d) where possible, you must create a functional link back to the ILCCC story or other material summarized by the relevant ILCCC Feed.
7 TRADEMARKS AND COPYRIGHT INFORMATION
7.1 The ILCCC logo, the emblems and mascots of ILCCC Tournaments / Competitions, the ILCCC events symbols, marks, product and service names are trademarks and copyright material of ILCCC hereinafter referred to as the (“ILCCC Marks”).
7.2 Nothing in the ILCCC Platforms is designed to grant any license or right to use any ILCCC and / or Third Party Content, names, logos, pictures or trademarks other than provided in the present Terms.
7.3 Any re-publication or re-distribution of Third Party Content (e.g. pictures, graphics, games, community/social tools, interactive features text, translation, interpretation, video, audio and football data content/editorial elements), including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. ILCCC shall not be liable for any errors or delays in Third Party Content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.
8 COPYRIGHT AND COPYRIGHT AGENTS
ILCCC respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the ILCCC Platforms, please provide ILCCC with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact form at email@example.com
9 MODIFICATION TO SERVICE
ILCCC reserves the right at any time to modify or discontinue, temporarily or permanently, the ILCCC Platforms, the Services, the ILCCC Content, the User Submissions, and the Third Party Content (or any part thereof) with or without notice. You agree that ILCCC shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the ILCCC Platforms, Services, ILCCC Content, User Submissions, and Third Party Content. Although ILCCC will take reasonable care in ensuring the ILCCC Platforms, Services, and Content are up to date, any of the ILCCC Platforms, the Services, and the ILCCC Content may be out of date at any given time, and ILCCC is under no circumstances obliged to update it.
10 NO OFFER OF SERVICE
Unless otherwise expressly stated so, the material on the ILCCC Platforms is intended to be for informational purposes only. ILCCC makes no representation that material on the ILCCC Platforms is appropriate or available for use in jurisdictions other than the Netherlands. Those Users who choose to access the ILCCC Platforms from other locations do so at their own risk and are responsible for compliance with local laws and regulations.
11.1 ILCCC collects the following Personal Data as defined in Section
• Email address
• Date of birth
• Country of residence
11.2 The Personal Data collected are necessary for administering your account and providing you with access to the Restricted Areas and the requested Services.
11.3 Your Personal Data are processed on the basis that such processing is necessary in order to enter into or perform the registration contract with you.
11.4 Any and all information provided by you beyond the Personal Data attributes listed in 12.1 will be processed in order to support and improve ILCCC products and Services provided to you (including insights, reporting and profile building necessary for optimisation and service delivery).
12.1 If you access and use our ILCCC Platforms, you do so at your sole risk. The ILCCC Platforms, the Services, or the ILCCC Content is provided on an “as is” and “as available” basis. ILCCC expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose and non-infringement.
12.2 ILCCC makes no warranty or representation that: (i) the ILCCC Platforms, the Services, or the ILCCC Content will meet your requirements; (ii) the ILCCC Platforms, the Services, or the ILCCC Content will be uninterrupted, timely, secure, or error- free; (iii) the results that may be obtained from the use of the ILCCC Platforms, the Services, or the ILCCC Content will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the ILCCC Platforms, the Services, or the ILCCC Content will meet your expectations; and (v) any errors in the Content will be corrected.
12.3 Any material downloaded or otherwise obtained through the use of the ILCCC Platforms, the Services, or the ILCCC Content, is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 12.4 Commentary and any other materials posted on or within the ILCCC Platforms, the Services, or the ILCCC Content are not intended to amount to advice on which reliance should be placed. No information, whether oral or written, obtained by you from ILCCC, or through or from the ILCCC Platforms, the Services, or the ILCCC Content, shall create any warranty or other obligation not expressly stated in the Terms and ILCCC disclaims all liability and responsibility arising from any reliance places upon such materials by any visitor to the ILCCC Platforms or by anyone who may be informed of any of its services or ILCCC Content.
You agree to indemnify and hold ILCCC and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the ILCCC Platforms, the Services, or ILCCC Content, including without limitation any content, or User Submission, as well as your connection to the ILCCC Platforms, Services or ILCCC Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of your User Submissions or any other use of the ILCCC Platforms, Services, or ILCCC Content, by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
14 LIMITATION OF LIABILITY
You expressly acknowledge and agree that ILCCC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ILCCC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the ILCCC Platforms, Services, or ILCCC Content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data – information or services purchased or obtained or messages received or transactions entered into through or from the ILCCC Platforms; (iii) unauthorized access to, or alteration of, your transmissions of data; (iv) statements or conduct of any third party on the ILCCC Platforms, Services, or ILCCC Content; (v) results of the ILCCC Platforms, Services, or ILCCC Content, any of the ILCCC Platforms, Services, or ILCCC Content linked to it and any materials posted on it; or (vi) any other matter relating to the ILCCC Platforms, Services, or ILCCC Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the ILCCC Platforms, Services, or ILCCC Content, must be filed within one (1) year after such claims or cause of action first arose.
15 EXCLUSIONS AND LIMITATIONS
15.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Clauses 14 and 15 may not apply to you.
15.2 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of ILCCC or any other liability, which cannot be excluded or limited under applicable law.
ILCCC may, at its sole discretion and without liability to you, with or without cause, in particular if you do not comply with these Terms, the Google Terms, or the Apple Terms, with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the ILCCC Platforms in whole or in part; and (ii) deactivate or delete any of your accounts and all related information and files in such accounts as well as your user submissions.
Notices to you will be made via either email or post to the relevant email address or postal address provided by you to ILCCC from time to time. If ILCCC amend these Terms in any way ILCCC shall place an updated version on this page of the ILCCC Website. The ILCCC Website and / or the ILCCC App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or within the ILCCC Platforms.
18 GENERAL PROVISIONS
18.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between and ILCCC in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and ILCCC, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, Third Party Content or third-party software.
18.2 Any failure by ILCCC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
18.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18.4 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms. ILCCC may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without your consent. 18.5 These Terms have been drafted in English. When translated in other languages and the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
19 APPLICABLE LAW AND JURISDICTION
The substantive laws of the Netherlands shall govern the Terms and the relationship between you and ILCCC. All disputes in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Rotterdam in the Netherlands.