Date of Last Revision: October 2015
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE APP(S) AND/OR DATA EDITOR. THIS EULA SETS OUT HOW THE APP(s) IS LICENSED TO YOU TO USE.
1.1 The app(s) and any accompanying online or electronic documentation (the “App(s)”) has been produced by and is the property of Underground Creative UK Limited (“Underground Creative”). Underground Creative is referred to as “us”, “we”, and “our” in this EULA. We are a company registered in England and Wales, with company number 07087368. You can contact us by post to our registered office address or by email to firstname.lastname@example.org.
1.2 These terms and conditions apply to all and any use of the App(s), data editor, competitions, content and services including without limitation the Communications service as defined below and any material submitted, posted or otherwise placed on the App(s), together with all and any material, comments, messages and other communications made to, from or using the App(s), any part of it or any related service ("Communication(s)").
1.3 THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”, “your”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP(S) SO PLEASE READ THIS CAREFULLY.
2. IMPORTANT TERMS
2.1 ALL USE OF THE APP(S) IS SOLEY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP(S) NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2 THE EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 16 BELOW.
2.3 IF YOU ARE UNDER THE AGE OF 16 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP(S).
2.4 YOUR USE OF THE APP(S) REQUIRES YOU TO HAVE AN APPLE ITUNES ACCOUNT. YOUR ACCESS TO THE APP(S) WILL BE LINKED TO YOUR ITUNES ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLE POLICIES TO USE THE APP(S), INCLUDING FOR ANY IN APP PAYMENTS IF APPLICABLE.
3. ABOUT THE APP(S)
3.1 The App(s) “Football Chairman Pro” and “Football Chairman Free” are football management apps where fans can run and manage their favourite football clubs.
3.2 We may roll-out further functionality in the App(s), for example to send you your profile information and improve your use of the App(s) generally. We will notify you if/when this functionality is due to become available.
4. APP DEVELOPER TERMS
The following terms of this Clause 4 are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the App(s):
You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App(s) and the content thereof.
4.2 Grant of Licence
4.3 Maintenance and support
We are solely responsible for providing support and maintenance for the App(s). You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s).
4.4 Product claims
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App(s) or your possession and/or use of the App(s), including but not limited to: (i) product liability claims; (ii) any claim that the App(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.5 Intellectual Property Rights
You acknowledge that in the event of a third party claim that the App(s) or your possession and use of the App(s) infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
4.6 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
4.7 Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
4.8 Third Party Terms of Agreement
We may use third party software and services provided by Facebook, Twitter and other third party services with the App(s). Use of the App(s) are therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App(s).
5. YOUR USE OF THE APP(S)
5.1 By downloading and installing the App(s), you confirm that you are either over 16 years of age, or if you are under 16 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to download, install and use the App(s).
5.3 Subject to the privacy settings in the App(s) as set by you, we may send you push notifications to your iOS device whilst the App(s) is installed and including whilst the App(s) is not running in the foreground or in the background.
5.4 You acknowledge that we have no control over how other users use the App(s) and therefore we have no control over the quality of information posted on the service. Accordingly we give no warranties or representations with respect of the accuracy or reliability of any content made available via the App(s) and the service generally.
5.5 If you have an iCloud account then you will be able to sync any content created on the App(s) across your connected Apple devices. The costs and management of an iCloud account are your sole responsibility.
6. OWNERSHIP/COMMUNICATIONS/REAL WORLD DATA AND CONTENT
6.1 Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the App(s) belong to and vest in Underground Creative or are licensed to Underground Creative. All rights reserved.
6.2 Unless otherwise specified, all intellectual property rights in the App(s) and content on the App(s), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belongs to us and/or our licensors. All rights reserved.
6.3 All third party trade names and trade marks are the property of their respective owners and Underground Creative makes no warranty or representation in relation thereto. More specifically, Underground Creative do not claim or assert any right title or interest in any third party Communications or any information or data contained in the App(s) that refers to real world events, people, organisations, teams, clubs, places, stadia, companies, or competitions (“Real World Data”).
6.4 All Real World Data and all rights in Real World Data are the property of their respective owners and Underground Creative does not have and does not represent any connection or association with any Real World Data or any subject of any Real World Data.
6.5 Real World Data is included in the App(s) for the purpose of providing information only and to identify honestly and fairly real world facts.
6.6 By using the App(s) you acknowledge that Underground Creative has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Underground Creative is not required to and does not exercise any control or judgement of their content.
6.7 Notwithstanding the foregoing we shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
6.8 You agree that we may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the App(s) and the business of Underground Creative and you hereby grant us an unrestricted non-exclusive licence to do so and waive all so called moral rights in your Communications.
6.9 We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Communications.
6.11 You agree and undertake that you will not make any Communications or post to or transmit to the App(s) any statement or material that:
6.11.1 is unlawful or which gives rise to civil or criminal liability;
6.11.2 promotes any illegal or unlawful activity;
6.11.3 infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
6.11.4 includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
6.11.5 is abusive, pornographic, defamatory, discriminatory or obscene;
6.11.6 harasses any person;
6.11.7 markets or promotes any third party;
6.11.8 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
6.11.9 solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
6.12 If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App(s) infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to email@example.com with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
6.12.1 Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App(s);
6.12.2 Sufficient contact information (including email address) for us to contact you to discuss your claim;
6.12.3 A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; and that the information you supply in your notice is true.
7. LINKS TO WEBSITES AND THIRD PARTY SERVICES
7.2 The App(s) may provide you with certain functionalities to share your Communications with third party services such as Twitter or Facebook. It is your responsibility to ensure that you adhere to the terms and conditions of such third party platforms when sharing your Communications.
8. RESTRICTIONS AND OBLIGATIONS
8.1 You agree not to:
8.1.1 hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble or reverse engineer or create derivative works out of the App(s) or any information contained in it, to the fullest extent permitted by applicable law;
8.1.2 remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the App(s);
8.1.3 make the App(s) available to any third party;
8.1.4 create software which mimics data or functionality in the App(s);
8.1.5 use or deal in the App(s) except as permitted by these terms and conditions;
8.1.6 include contact details intended to facilitate communication outside of the App(s), in any Communication;
8.1.7 use your access to the App(s), or information gathered from it, for the sending of unsolicited bulk email;
8.1.8 make any public or commercial use of the App(s) without our prior written consent;
8.1.9 display, publish, copy, print, post or otherwise use the App(s) and the information contained therein for the benefit of any third party or web site without our prior written consent;
8.1.10 use the App(s) and any Communications nor process or use the information contained on or within the App(s) unfairly or for any illegal or immoral purpose;
8.1.11 use the App(s) and any Communications nor process or use the information contained on or within the App(s) for any commercial or business purpose; or
8.1.12 delete or obscure any copyright or other proprietary notice.
9. FURTHER CONTENT
9.1 We may offer in-app content for you to purchase, download, install and use in the App(s) (“Further Content”). We grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App(s) on an iOS Product.
10.2 You may delete cookies and other similar tools from your iOS device by deleting the App(s).
11. SYSTEM REQUIREMENTS
11.1 The App(s) have been developed to work on the latest version of the iOS software at the time of its release. Apple may from time to time update the iOS software, and we will endeavour, but not be obligated, to update the App(s) if applicable to ensure that its functionality and performance continues with any updated iOS release. It is your obligation to ensure that you are using the latest public release of the iOS software.
12. INDEMNITY / COMPENSATION
12.1 You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App(s) or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
13. TERM AND TERMINATION
13.1 This EULA takes effect upon your download, installation and/or use of the App(s) and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App(s) from the iOS device on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App(s) and delete all copies of the App(s).
13.2 The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 12 (Indemnity/compensation), Clause 13 (Term and Termination), Clause 15 (General Provisions), Clause 16 (Limitation of Liability), Clause 18 (Severance) and Clause 19 (Jurisdiction).
14. SUPPORT AND CONTACTING US
14.1 The App(s) are provided “as is”. However if you need any help and support please email firstname.lastname@example.org and we shall endeavour to assist you.
15. GENERAL PROVISIONS
15.1 This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of the EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
15.3 You may only use the App(s) for your personal, private and non-commercial use. You may not reproduce, distribute, publically display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the App(s), or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom.
15.4 You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Apps’ security measures, or transfer files that contain viruses, Trojans or other harmful programs.
16. OUR LIMITATIONS OF LIABILITY
16.1 THE APP(S) ARE PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.
16.2 WE DO NOT GUARANTEE THAT THE APP(S) WILL BE (I) FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP(S) OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP(S) OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP(S) WILL BE CORRECTED.
16.3 YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
16.4 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
16.5 TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
16.6 NOTHING IN THIS EULA SHALL BE DEEMED OR INTERPRETED TO LIMIT YOUR STATUTORY CONSUMER RIGHTS AND THIS EULA MAY BE INTERPRETED ACCORDINGLY BY GIVING THE MINIMINUM NECESSARY CHANGES TO GIVE EFFECT TO YOUR LOCAL STATUTORY CONSUMER RIGHTS.
16.7 YOUR RIGHT TO ACCESS AND USE THE APP(S) IS REVOKED IN THE EVENT THAT THIS EULA OR SERVICE PROVIDED BY THE APP(S) IS PROHIBITED IN ANYWAY IN YOUR LOCAL TERRITORY.
16.8 YOU ACKNOWLEDGE THAT THE APP(S) 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 APP(S) MEET YOUR REQUIREMENTS.
16.9 WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE THAT YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA, OR OUR NEGLIGENCE UP TO THE LIMIT SPECIFIED IN THIS CLAUSE 16.9. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CANNOT EXCLUDE IT, SHALL, WHERE PERMISSABLE BY LAW, BE LIMITED EITHER TO THE PRICE OF THE APP(S) PLUS (IF APPLICABLE) THE AMOUNT OF IN-APP PURCHASES MADE BY YOU IN THE PREVIOUS THREE (3) MONTHS PRIOR TO THE LIABILITY INCURRING OR (WHERE THE APP(S) IS FREE) SOLELY THE AMOUNT OF IN-APP PURCHASES MADE BY YOU IN THE PREVIOUS THREE (3) MONTHS PRIOR TO THE LIABILITY INCURRING. IN THE EVENT THE FOREGOING IS DEEMED UNREASONABLE BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT OUR LIABILITY IS CAPPED £10.
16.10 IN THE EVENT THAT APPLE REFUNDS YOU THE PURCHASE PRICE AND IN-APP PURCHASE PRICE (IF APPLICABLE) IN ACCORDANCE WITH THE ITUNES TERMS OF SALE, THEN BOTH APPLE AND WE WILL HAVE NO FURTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP(S), AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP(S).
17. CHANGES TO THE EULA
17.1 We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple or any other reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the App(s).
18.1 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
19. GOVERNING LAW AND JURISDICTION
19.1 Subject to your local consumer laws, and in the event of any dispute between you and us, and regarding this EULA and/or your use of the App(s), then the laws of England and Wales will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in England, UK only.