This Website is operated by Commentary Box Limited. Our registered office is at 34 Pendle Road, London, SW16 6RU, United Kingdom. Our company registration number is 06971513 and place of registration is England. The term “you” refers to any user, member or viewer of our Website.
These Terms will be updated from time to time, notice of which will be given by posting on this Website, and your continued use of the Website will be deemed to be the acceptance of the updated terms and conditions of use. You should check this page from time to time to review these Terms, to ensure that you are happy with any changes.
You can always contact us via email at email@example.com.
1. Accessing our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, amend or suspend the service we provide via our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
Only your fellow team members and some administrative users linked to your team will be able to access your team community page. All users will be able to access the general parts of this Website. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
You (or your parent or guardian if you are under 16) will be required to select a username and password as part of our security procedures. You must treat such information as confidential, and you must not disclose these to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these Terms, and that they comply with them.
The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Neither we nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of such content, or any information or materials found or offered on this Website for any particular purpose. You acknowledge that such content, information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Website. Reproduction is prohibited other than in accordance with these Terms. This material is protected by copyright laws around the world.
All trademarks reproduced on this Website which are not the property of, or licensed to the operator are acknowledged on the Website as such.
You may print one copy, and download extracts, of any page(s) from our Website for your personal reference, and you may draw the attention to others within your team community forum to material posted on our Website.
You may not otherwise reproduce, modify, copy, publish, distribute, use or make available to the public for any reason whatsoever (whether in print or electronic form) any of the content, information, logos, designs, names, pictures, texts, graphics, copyrights, trademarks, service marks or any other materials on or from our Website without our prior written consent.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
If you would like to make any use of the material on our Website other than as set out here, please send an email to firstname.lastname@example.org.
2. Reliance on information posted
Commentary and other materials posted on our Website or any forum are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to our Website, or by anyone who may be informed of any of its contents.
It is your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
3. Information about you and your visits to our Website
4. Our liability
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity; and
any liability for any indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of, our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profit (whether considered to be a direct or indirect loss);
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- wasted management or office time.
Our liability for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, is limited to £10.
Nothing in this agreement excludes our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5. Uploading material to our Website
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with your team members or other users of our Website, you must comply with these Terms. You undertake that any such contribution does comply with those standards, and you indemnify us for any breach of that undertaking.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify, and edit any such material for any purpose. We also have the right to disclose your identity (without your consent) to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable, to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
We have the right to remove or modify any material or posting you make on our Website if, in our opinion, such material does not comply with these Terms or is defamatory, offensive, discriminatory, infringes any intellectual property rights of any other person, or is in any way illegal.
You are encouraged to submit your experiences, news items and/or blogs for inclusion on your team community page as well as for organising games and team socials.
We do not endorse and have no control over your posts. The posts are not reviewed by us prior to posting and do not reflect our opinions.
6. Our services
In accordance with these Terms we will make each team member profile available on the Website. However your information and the contact details that you provide will be made available only to your team community or, and if applicable, to administrative users within the club or academy community on Commentary Box that your team is linked to.
If you would like us to add a photo of you to your profile please send us an email to email@example.com. If you are under 16 years of age we will have to obtain permission from your parent or legal guardian.
If you want to share your information and communicate with other members please send us an email.
Any information contained in your team's unique community page must be used only to contact other team members and for no other purpose whatsoever. You must not send unsolicited bulk emails, instant messages or other unsolicited communications of any kind using information obtained from your team page without their consent.
Some of the services we provide may require you to download content and/or agree to additional terms and conditions. Those additional terms and conditions are to be incorporated into these Terms.
*7. Paying for our services *
Before asking you for payment for use of our services, we want you to know whether our services are suitable for you. To that end, we allow 30 days of access to our services before requiring that you upgrade to a paid plan.
Should you elect not to upgrade to a paid plan, our services will no longer be accessible to you. However, any data that has been saved to your team community will be made freely available to you on request - email us at firstname.lastname@example.org.
To continue using our services once the free trial period has expired you must upgrade to a paid plan. This will involve registering a valid credit card via our third party payment provider (www.stripe.com). Payments will be taken monthly in advance and a payment receipt will be sent by email to the team administrator who registered the credit card.
If your plan does not include text messages, your monthly payment amount may include charges for text messages that you or other team administrators and coaches have sent during the previous subscription period/month. These will be itemised on the payment receipt. You will also be advised of the charge for sending a text message before the message is sent and be given the option to cancel the operation.
We will charge for each text message that we attempt to deliver on behalf of you or other team administrators and coaches regardless of whether the message reaches the intended recipient. You should therefore ensure that all mobile phones number stored on your team member accounts are valid and correct.
You should also ensure that other team administrators and coaches seek permission from the team administrator that registered the credit card before sending a text message. By doing so, you will avoid unexpected charges when your next monthly subscription payment is taken. We will not be liable for any charges arising from the misuse of the text messaging service by your team administrators and coaches.
If you change your paid plan in the future, the change in the subscription payment amount will take effect immediately. You can request to change your plan at any time by sending us a message from within the Website or by emailing us at email@example.com.
Should your payment be denied we will bring it to your attention via email, giving you a reasonable time frame (usually a week) within which to provide a valid credit card. Thereafter, if we are still unable to take payment, we reserve the right to suspend your account (and access to data you have stored in your team community) until such time as a valid credit card is provided.
8. Cancelling your use of our services
- You can cancel your use of our services at any time by sending us a message from within the Website or by emailing us at firstname.lastname@example.org. No further subscription fees will be taken and no refund will be made of any subscription fees already paid. We will charge you for any non-billed text messages that you or other team administrators and coaches have sent during the previous paid subscription period/month if your plan does not include text messages.
9. Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 of the United Kingdom. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.
10. Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), nor for any loss or damage that may arise from your use of them.
We reserve the right to change our charging structure from time to time after giving one months’ written notice of our intention to do so on the Website.
We do not tolerate any form of bullying on our Website. If we discover that you have been involved in any form of bullying against another user, we will be entitled to suspend you or terminate your membership.
We encourage team managers and parents/guardians to monitor the team pages and to report any non-compliance with these Terms to us as soon as possible.
We reserve the right to assign our benefits or subcontract all or any of our obligations under these Terms.
Neither of us is liable to the other for failure to perform any obligation under these Terms to the extent that the failure is caused by any factor beyond the reasonable control of the parties.
Neither of us will be affected by any delay or failure in exercising or any partial exercising of its rights under these Terms unless it has signed an express written waiver or release.
No person who is not a party to these Terms will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.
If any provision of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.
We make no representation that the Website is appropriate or available for use outside England and Wales. If you access the Website from any other jurisdiction, you do so out of your own volition and you are responsible for compliance with all applicable laws.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.
20 July 2013