Terms and Conditions
Last Updated: 22nd December 2016 (Version 2)
The following Terms and Conditions (“Terms”) govern your access to and use of our Services, including the Global Rugby Network (“GRN”) website (“the Platform”), advertisements, widgets and other services that link to these Terms (“the Services”) together with information, text, graphics and other media uploaded (collectively “the Content”). Please read these Terms carefully as by accessing and/or using the Platform, you agree to accept and be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Platform or Services.GRN may modify this agreement at any time, and any such modifications to these Terms will be effective immediately. You agree to review these Terms periodically in order to avail yourself of any such modifications. Your continued access of the Platform and use of the Services and Content shall be deemed as your acceptance of any modifications to the Terms.
You are responsible for your use of GRN Services and for any Content which you post onto the GRN platform. GRN encourages users to only publish Content that users are Content to share with other users of the platform. Account settings provide for you to amend your settings to control which users can see specific Content – an example being a teamsheet for a weekend fixture. The Services may include advertisements which will remain subject to change. By accepting these Terms, you accept that GRN and its partners may place such advertising on the Services and/or in connection with your use of the Services.
GRN is intended primarily for users who can legally agree to these Terms. By accepting these Terms, you confirm that you are capable of entering into a binding agreement. GRN aims to provide a user friendly network in which Rugby fans and players can interact. We recognise the importance of fostering interest in the game from a young age and therefore in the event that a child wishes to use the Service, it is the responsibility of the Child’s parent or guardian to accept these terms on the child’s behalf. Such acceptance is made at the discretion of the parent or guardian. GRN takes the safety of children very seriously and have a Child Safeguarding Policy which can be viewed here. Users must provide true and accurate information in order to maintain the integrity of the GRN platform. New users will be directed to a registration form and will be required to submit a valid email address and/or phone number. Users will also be directed to choose a password. Users will be able to revise this information and indeed are required to do so in order that their GRN connections can communicate with them effectively. GRN reserves the right to remove or suspend accounts created with false, incorrect or misleading information if we, at our discretion, deem that such information breaches these Terms. This includes information which is likely to cause offence. GRN also reserves the right to reclaim any accounts name if we deem it appropriate. An example where this might occur is if a name breaches a trademark, purports to associate with another Rugby player, whether active or retired, alive or dead, or where GRN is contacted by a trademark holder to advise the account name is in breach of a registered mark.
PASSWORD AND SECURITY
You are solely responsible for their privacy and confidentiality of all e-mail addresses, telephone numbers and the password used to access the Platform. GRN is not liable for the Content of any messages sent and is exempt from any third party claims which may arise as a result of any messages sent or Content posted on the platform. If you report unauthorised use, GRN may temporarily disable access to your account. Please contact GRN immediately on firstname.lastname@example.org if you think a third party may have accessed your account without permission. GRN encourages users to protect accounts using passwords which combine upper and lower case letters as-well as numbers. GRN will not be held responsible for any loss or damage resulting from a failure to comply with the above.
GRN does not claim ownership of any of the Content posted on our Platform. By posting Content through the Services, you grant GRN a worldwide, non-exclusive, royalty-free licence, and the right to sub-licence, to use, reproduce, copy, publish, adapt, display and distribute such Content in all and any media or distribution methods, both known and available and developed in the future. You agree that this licence includes the right of GRN to make such Content available to other companies, organisations or individuals who partner with GRN to distribute, broadcast or publish. Any use of such Content by third parties who partner with GRN will not result in the payment of compensatory sums to you. Your Content may be adapted or modified in order to distribute and display it on various media. GRN may also require to adapt Content in order to facilitate use on certain networks, devices, services or media.
You may not upload, post, or transmit any video, image, text, audio recording, or other Content that:
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- contains sexually explicit Content or pornography (provided, however, that non-sexual nudity is permitted);
- contains hateful, defamatory, or discriminatory Content or incites hatred against any individual or group;
- exploits minors (see also our Child Safeguarding Policy, available here;
- depicts unlawful acts or extreme violence;
- depicts animal cruelty or extreme violence towards animals;
- promotes fraudulent schemes, multi-level marketing schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- violates any law.
You are responsible for your use of the Platform and Services and for the Content you provide. You are responsible for any consequences arising as a result of the Content you provide, including the use of your Content by other users and GRN third party partners. This may subject you to liability. GRN is not responsible for any use of your Content by other users or third parties. By using the platform, you warrant that you have the right and authority to grant such rights in relation to any Content you submit. You further warrant that you will not use GRN for any of the following purposes:
You warrant that you will abide by the relevant laws, statutes, ordinances and regulations without limitation, and that you will comply with all applicable laws concerning the transmission of data exported from the country in which you reside.
- To act in a deceptive manner, including by impersonating another person;
- To harass, bully, stalk or otherwise intimidate another person;
- To violate the right of privacy or right of publicity in another person;
- To send or disseminate information (including links and URL’s) of a nature or disclosure that is or could be deemed, abusive, threatening, fraudulent, misleading, obscene, libellous or which infringes any person’s proprietary rights.
- To harm or exploit minors
- Sending messages containing sexual, racist or discriminatory Content to any person or organisation;
- To intercept communications not intended for you;
- To release, send or distribute computer viruses and/or other harmful code;
- To upload, send or disseminate Content which infringes any trademark, patent, trade secret; copyright or proprietary rights on any party, whether registered or unregistered;
- To transmit junk mail, spam or unsolicited mass e-mails and/or messages;
All rights, title and interest in and to the Platform and Services, excluding the Content provided by users) are and remain the property of GRN. The Services are protected by the trademark and copyright laws of both the United Kingdom and any other foreign countries. Nothing in these Terms gives you the right to use the GRN name, the Global Rugby Network name, or any names, trademarks, logos, domain names and/or distinctive brand features associated with GRN.
GRN SERVICE AND RESTRICTIONS
GRN aims to ensure the Platform and Service are available as much as possible but there may be times when this is not possible. The Service may be unavailable for reasons including but not limited to, scheduled maintenance periods, upgrades, emergency repairs or due to the failure of telecommunications links, devices and equipment. GRN will aim to ensure that Users are made aware in advance of any scheduled maintenance. GRN is not responsible for the loss of any Content and should not be relied upon as a medium for backup or storage. GRN also reserves the right to remove any Content from the Platform and Services for any reason, without prior notice. Any Content GRN removes may be stored by GRN without limitation, in order to comply with any legal obligations incumbent on the company. GRN is not obligated, but does reserve the right to suspend, limit or terminate user accounts, and to reclaim usernames without liability to the user. We further reserve the right to access, retain, read, view and disclose any Content or information which we reasonably regard as being necessary to continue to fulfil our obligations in respect of:
- These Terms of Service;
- To satisfy any applicable law, statute, ordinance or regulation;
- Investigate potential violations of these Terms of Service
- Detect and prevent any breaches of security, or technical issues;
- Prevent fraudulent activity on the Platform and through the Services
- To respond to requests for user support
- To protect the rights and property of GRN, its users and the public at large.
LIMITATIONS OF LIABILITY
The following paragraphs are important and should be read carefully since it limits the liability of GRN, its directors, employees and agents, related and/or subsidiary companies and representatives, partners and licensors (“GRN entities”). GRN recognises that certain jurisdictions do not allow for the limitation of liability in contracts and as such the Content of this section may not be applicable. GRN intends that nothing in this section limits any right which is not limited already under law.
The cumulative liability of GRN and/or other GRN entities to you and anyone using the Platform and Services through your account, for any and all claims under law, will not exceed the aggregate amount you have paid to GRN and/or other GRN entities in the preceding twelve months.The limitations of this section apply to any liability, however based, and whether or not GRN or other GRN entities have been informed of any damage, both actual and possible, and even if any remedy in these Terms is deemed to have failed.
- The Platform and Services are accessed on an “As-Is” and “As-Available” basis.
- Your use of the Platform and Services, together with any Content is at your own risk
- GRN entities makes no representation or warranty that any or all services available via the Platform will be permitted in your jurisdiction.
- GRN entities are not responsible for the accuracy of any Content through your use of the Platform and Services.
- GRN entities make no representation or warranty in respect of harm to your devices, as a result of using the Platform and Services.
- No information provided by GRN entities will create any representation or warranty in respect of the above statements.
- GRN entities are not responsible or liable for the availability or accuracy of third party websites and resources, including any products and services you may be directed to on the GRN platform and that you assume sole responsibility for all risk arising from your use of third party websites and resources.
- GRN entities are not responsible for any loss of data.
- GRN entities are not responsible for any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment or other device, computer programs, data or other proprietary material due to your use of the Platform and Services or to your downloading of any material posted on the Platform, or on any website linked to the Platform.
- GRN entities are not responsible for any problems caused by the equipment which you or other users are using to access the Platform or the Services, or faults relating to your or their internet service provider or damages to the operation of your computer or other device caused by the incorrect downloading of any software in a manner incompatible with your own computer’s or other device’s specific set-up.
- To the maximum extent permitted by the applicable law, GRN entities shall not be liable for any indirect, incidental, consequential, special or punitive losses or damages or for any loss of profits or revenues, direct or indirect resulting from the use of the Platform and Services or business interruption (including the inability to access the Platform and Services).
- GRN entities are not responsible for any loss or damage to goodwill or reputation or any loss of business opportunity.
- GRN entities are not responsible or liable for the conduct, illegal or otherwise of its users or from third parties. This includes but is not limited to conduct which could be deemed offensive, defamatory or libellous.
- GRN entities are not responsible for any loss occurring as a result of unauthorised access to user accounts and their Content.
- GRN entities make no warranty, either expressly or implied, for the security of the transmission of data between GRN and the user.
- GRN entities are not responsible for any failure on GRN’s part to observe any self-exclusion policies that it may have in place from time to time.
GRN recognises the intellectual property rights (“IP”) which vests in others and we expect our users to do the same. We will treat noticed of IP infringement seriously. You acknowledge and agree that the GRN Platform and Services contain proprietary information that is protected by applicable IP and other laws. You acknowledge and agree that you may have access to or receive information which is protected under IP or other proprietary rights and law. You agree not to infringe any IP rights of GRN, any GRN user, including, but not limited to, team users, or of any third party.For each piece of Content that you submit, you represent and warrant: (i) that you have the right to submit such Content to GRN, (ii) that GRN will not need to obtain a licence from any third party or pay royalties to any third party in respect of such Content, (iii) that such Content does not infringe any third party’s rights, including intellectual property rights and privacy rights, and (iv) that such Content complies with these Terms and Conditions and all applicable laws.GRN reserves the right to remove Content, allegedly or otherwise, infringing IP rights without notice and without liability. Such action will be at our sole discretion. Notice of copyright infringement should be made to: Global Rugby Network Ltd, 28 Speirs Wharf, Glasgow, G4 9TG, Scotland, United Kingdom.
If any dispute arises with one or more users, you release GRN and other GRN entities from any claims, demands, damages (both actual and consequential) of any kind, both known and unknown, disclosed and undisclosed and you waive any rights in law limiting the extent of such release. You agree to indemnify and hold GRN entities harmless from and against any claim or demand, including reasonably incurred legal expenses, made by any third party due to or arising from your breach of these Terms.
CLOSING AND DELETING YOUR GRN ACCOUNT
You may close and delete your account at time, without reason by contacting GRN at email@example.com. In the event that a team, club or school intends to terminate and delete their account, you are required to give notice to your members of your intention delete your account of 28 days. GRN reserves the right to immediately deactivate your account and delete your account, and all related information and files relating to your account. GRN shall not be liable to you or any third party for the closure and deletion of your account.
THE GRN TERMS OF SERVICE
These terms will continue to apply until either you or GRN closes and deletes your account. Accounts which have prolonged periods of inactivity may be closed by GRN. GRN will notify you if your account has remained inactive for an extended period that it may be closed and deleted. GRN may suspend or close and delete your account at any time for any or no reason if we have reasonable cause to believe that you have violated these Terms. GRN may also suspend, or close and delete your account if the platform is no longer commercially viable. You will be notified of such action by GRN in advance of a proposed suspension of our service, whether temporary or permanent. GRN does however reserve the right to close the Platform and Services without notice.
These Terms and Conditions may be assigned and, to the fullest extent permissible by law, all data and information collected via the Platform and Services may be transferred to a new owner, in the event of a sale of all or substantially all of GRN’s assets to a third party.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions (and any policies linked to from these Terms and Conditions) are governed by and shall be construed in accordance with the laws of Scotland and the courts of Scotland have jurisdiction to settle any disputes and claims (including non-contractual disputes and claims) which may arise out of, or in connection with, these Terms and Conditions and such linked policies.