Terms of Service - GAMEFACE powered by Eredivisie
Version: 10 September 2020
Welcome to GAMEFACE, a product of BEYOND SPORTS AMS B.V. (hereafter: referred to as "GAMEFACE", "we", "our", or "us"). GAMEFACE provides a software platform (hereafter: referred to as the "GAMEFACE Platform" or “the Services”) that allows you to watch live and on demand football content from the Eredivisie competition in a fully simulated 3D environment, as well as create your own video clips based on said content and share them within the platform.
These Terms of Service (hereafter: referred to as "Terms") specify the legal terms under which we are providing the Services.
By using or continuing to use the Services you agree to use the Services solely in accordance with the Terms.
License
The Services are made available under a revocable, non-exclusive, non-transferable, and non-sublicensable right of use, subject to the Terms. All intellectual property rights in the Services, including all software and materials made available to you in relation to the Services shall remain exclusively vested in GAMEFACE or its licensors.
Accuracy
We do not guarantee the accuracy of the Services and/or any output generated in connection with the use of the Services. Use of the Services and its outputs is at your own risk and hence GAMEFACE will under no circumstance be liable for any errors or inaccuracies in the Services.
Back-Ups, Updates
We will not be responsible for backing up your content.
We have the right to unilaterally change or update the Services, without notice to you, at any time and for any reason. You will be solely responsible for making any necessary changes to your hardware and/or software to ensure continued use of the Services. We do not guarantee that your hardware and/or software will function with such updates of the Services.
Accounts
If you register for an account, you will be solely responsible for all of the account activity, including all data and content that you provide to us such as pictures and messages uploaded by you (hereafter: “Customer Data”) and registration details or other information (hereafter: “Account Information”) provided under or with the use of your account.
You must notify us immediately in the case of any unauthorised or suspected unauthorised use. Your account login credentials may only be used by you. Single logins shared by multiple individuals are not allowed.
You agree that you will keep your Account Information accurate and up to date.
Lawful Use, prohibitions
You will guarantee that your use of the Services is not in any way illegal, unlawful, obscene, offensive and/or fraudulent.
You will guarantee in particular that any photos or posts uploaded by you to the GAMEFACE Platform: 1) do not infringe upon any third party-rights, such as image, privacy and intellectual property rights, 2) are not uploaded and used without the explicit written consent of the person depicted, 3) are not in any way illegal or unlawful or offensive.
You will not sell, distribute, copy, sublicense, disassemble, reverse engineer, decompile and/or modify any part of the Services.
You will not interfere with, disrupt or circumvent any of the security measures of the Services.
Privacy and Security
Privacy PolicyYou consent to the collection, use and disclosure of any personally identifiable information provided by you, including Customer Data, in accordance with our privacy policy, which can be viewed and downloaded at https://www.gamefacebyeredivisie.nl/privacy-policy (hereafter: “the Privacy Policy”). Amendments to the Privacy Policy will be posted on the GAMEFACE website.
SecurityWe care about the integrity and security of your personal information and Customer Data. However, we do not warrant that our security is effective under all circumstances.
Rights to DataYou guarantee that you have all necessary rights to provide all Customer Data, Account Information, and any other information you make available in connection with the Services. You also guarantee that you have all necessary rights to grant all rights and licenses set out in these Terms. Customer Data Rights and LicenseIn providing the Services we will process your data and Customer Data in accordance with our Privacy Policy.You hereby grant GAMEFACE an unlimited, worldwide, sublicensable, transferrable, irrevocable, perpetual, exclusive right to use all video clips made by you by use of the Services, on all existing and GAMEFACE platforms and/or third-party platforms in any form and for any purpose whatsoever as GAMEFACE in its sole discretion may determine.
Payment
Fees
The applicable fees, restrictions and access to specific features will vary depending on your chosen license (“Your License”).
Pricing details and other information relating to the Services can be read on GAMEFACE’s website and are subject to change without notice.
You will pay all applicable fees for the full term of your subscription.
Any failure to pay the applicable fees in full at the payment due date may result in the deactivation of your account.
Termination
You can change Your License or stop using the Services altogether at any time. If you want to terminate your account, please send an email message to that effect to gameface.eredivisie@beyondsports.nl. Please note that you will not receive any refund for any prepaid fees.
GAMEFACE has the right to terminate the Services to you, or any part thereof, with immediate effect for any reason and at any time without incurring any liability or any other obligation to you. You will be reimbursed for any prepaid fees.
Warranties
THE SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL GAMEFACE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICES OR THE USE OR OTHER DEALINGS IN THE SERVICES.
GAMEFACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR NOR THAT THE SERVICES WILL BE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
Limitation of Liability
YOU AGREE THAT GAMEFACE IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL GAMEFACE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE EXCEED THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO THE AMOUNT OF THE FEES PAID BY YOU IN THE PRIOR TWELVE MONTHS FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE CLAIM REGARDLESS OF THE BASIS OF THE CLAIM. THIS LIMIT APPLIES COLLECTIVELY TO GAMEFACE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS.
Indemnification
You agree to indemnify and hold harmless GAMEFACE, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any third party claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized in writing by GAMEFACE.
In-app Purchases
The GAMEFACE Platform offers an “in-app” purchase option. Payments will be processed through the Google Play or iTunes app store from which you originally downloaded the application. You may access the applicable “in-app” purchase rules and policies directly from the app stores.
Other Legal Terms and Conditions
Amendments
GAMEFACE may unilaterally, modify or update these Terms including, from time to time. Updated versions of the Terms will be published on the GAMEFACE’s website. Your continued use of the Services following the posting of revised Terms will constitute your acceptance of the updated Terms. If you do not agree to the (updated) Terms, you will refrain from using to the Services.
Governing Law and Jurisdiction
These Terms, the Services and all agreements resulting thereof between you and GAMEFACE, shall be exclusively governed by Dutch law.
Any disputes that may arise between you and GAMEFACE in relation to these Terms, the Services and all agreements resulting thereof between you and GAMEFACE, will be exclusively submitted to the competent sector of the Court of Noord-Holland, The Netherlands.
Entire agreement, No third-party beneficiary clause
These terms do not create any third party beneficiary rights and, together with any amendments and any additional agreements you may enter into with GAMEFACE, shall constitute the entire agreement between you and GAMEFACE concerning the Services.
If any provision of these Terms is deemed invalid by a court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
ContactPlease send us an email message to gameface.eredivisie@beyondsports.nl with any questions regarding these Terms.