The following terms of service and end user license agreement (“Agreement”) constitute an agreement between you and Stick Sports Ltd, and its affiliates (“Stick Sports”). This Agreement governs your use of the Software and Services (as specified below).
For the purposes of this Agreement “Software” means all software programs made available by Stick Sports including, but not limited to mobile games, downloadable/installable games for personal computers, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Stick Sports, including but not limited to services accessed through mobile games or by means of a browser or by any other online communication method.
Software and Services are collectively referred to as “Stick Sports Services”.
The Software is licensed, not sold. Your use of the Software is subject to the terms and conditions stated in this agreement. Installing, using or accessing the Stick Sports Services confirms your acceptance of these terms. If you do not accept the terms of this agreement, do not install, use or access the Stick Sports Services.
All trademarks are the property of their respective owners and we make no warranty or representation in respect of them. In particular we do not make any warranty or representation in relation to the names contained within the Stick Sports Services including without limitation the names of any player, team, stadium, competition, organisation or association (collectively referred to as ”Sports Data”) all trademarks relating to which are the property of their respective owners. Sports Data is used solely for the purposes of information regarding the sport and all such use is intended to be incidental to the operation of this software product. No player, team, association or organisation endorses or is associated or connected with this software product in any way and we make no representation of any such endorsement, association or connection; no image or likeness of any player, club, association or organisation is used and any similarity with any graphical element of this software product is co-incidental. All statistics contained within the Sports Data are researched or computer generated and intended to be fair. They are not intended to be and should not be relied upon or considered a true reflection of the abilities or performances of any individual player but a computerised interpretation of data given to it or generated by it. In the event that any player, team, association or organisation objects to its, his or her inclusion in this software product as Sports Data or the content of any Sports Data please notify us at email@example.com whereupon we shall act reasonably in addressing any legitimate concerns. Notwithstanding the foregoing, Stick Sports have used reasonable efforts to ensure compliance with all applicable laws and regulations.
- SOFTWARE LICENSE. Stick Sports hereby grants you a non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use on a device. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and that this Agreement is not to be construed as a sale of any rights in the Software.
- SERVICE LICENSE. Stick Sports hereby grants you a non-exclusive, non-transferable, limited right and license to use the Services as provided by Stick Sports, for your personal non-commercial use, in the manner permitted by this Agreement.
- LICENSE TERM. The term of your licenses under this Agreement shall commence on the date that you accept this Agreement and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Stick Sports’ termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this Agreement.
- OWNERSHIP, Subject to clause 1 Stick Sports retains all right, title and interest in and to the Stick Sports Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Stick Sports Services are protected by applicable laws and treaties throughout the world. The Stick Sports Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Stick Sports. All rights not expressly granted to you herein are reserved by Stick Sports.
- GENERAL LICENSE CONDITIONS
You agree to:
- Not commercially exploit the Stick Sports Services,
- distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Stick Sports Services, any copies thereof, or any passwords or usernames,
- make a copy of the Stick Sports Services or any part thereof,
- make the Stick Sports Services publicly available or available on a network for use or download by multiple users,
- use or install the Stick Sports Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time
- use or copy the Stick Sports Services at a computer gaming centre or any other site,
- reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Stick Sports Services, in whole or in part,
- remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Stick Sports Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material,
- misrepresent the source of ownership of the Stick Sports Services,
- scrape, build databases or otherwise create permanent copies of content returned from the Stick Sports Services.
Only Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Stick Sports Services will not function properly.
The Software may require an internet connection to access Services or internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service. By using the Software, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Software or certain features of the Stick Sports Services may not operate or may cease to function properly, either in whole or in part.
- USER GENERATED CONTENT (UGC)
You are responsible for your UGC. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity.
Stick Sports may, in its sole discretion, remove, edit or disable UGC for any reason, including if Stick Sports reasonably determines that UGC violates this Agreement. Stick Sports does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Stick Sports does not pre-screen all UGC and does not endorse or approve any UGC available on Stick Sports Services.
When you contribute UGC, you grant to Stick Sports, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on a Stick Sports Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Stick Sports Service without further notice, attribution or compensation to you.
- RULES OF CONDUCT
When you access or use a Stick Sports Service, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt any Stick Sports Service or any server or network used to support or provide a Stick Sports Service, including any hacking or cracking into a Stick Sports Service.
- Use any software or program that damages, interferes with or disrupts a Stick Sports Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Interfere with or disrupt another player’s use of a Stick Sports Service. This includes disrupting the normal flow of game play, chat or dialogue within a Stick Sports Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
- Harass, threaten, bully, embarrass, spam or do anything else to another player or any Stick Sports employee or representative that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated. We won’t tolerate any unwanted conduct against any Stick Sports employee and representative because of their affiliation with Stick Sports in Stick Sports Services or anywhere else.
- Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
- Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to freely distribute.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Stick Sports (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are a Stick Sports employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to Stick Sports staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Stick Sports Services.
- Make use of any payment methods or refund systems to access, purchase or refund Stick Sports Services for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
- Use any robot, spider or other automated device or process to access Stick Sports Services for any purpose such as scraping data, abuse Stick Sports Services, account creation, or copying material.
- Modify any file or any other part of the Stick Sports Service that Stick Sports does not specifically authorize you to modify.
- Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack or cheat software), or use exploits, bugs or problems in a Stick Sports Service to gain unfair advantage.
- Engage or assist in cheating or other anticompetitive behaviour (such as boosting, collusion, and match or matchmaking manipulation).
- Use or distribute counterfeit software or Stick Sports Content, including Stick Sports Virtual Currency.
- Attempt to use a Stick Sports Service on or through any service that is not controlled or authorized by Stick Sports, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to a Stick Sports Service, make purchases, or otherwise access a Stick Sports Service.
- Sell, buy, share, trade or otherwise transfer or offer to transfer your Stick Sports Account, any personal access to Stick Sports Services, or any Stick Sports Content associated with your Stick Sports Account, including Stick Sports Virtual Currency and other Entitlements, either within a Stick Sports Service or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by Stick Sports.
- Use a Stick Sports Service in a country in which Stick Sports is prohibited from offering such services under applicable export control laws.
- If a Stick Sports Service requires you to create a “username” or a “persona” to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Stick Sports determines is vulgar or offensive or violates someone else’s rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Stick Sports Service.
- Use information about users publicly available in any Stick Sports Service (e.g. on a leader board) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Stick Sports Account violates these rules and fails to remedy this violation after a warning, Stick Sports may act against you, including revoking access to certain or all Stick Sports Services, Content or Entitlements, or terminating your Stick Sports Account as described in Section 8. In case of severe violations, Stick Sports may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Stick Sports accounts or entitlements (including virtual currencies and items) without Stick Sports’ permission, extreme harassment, or threatening illegal activities. When practical, Stick Sports will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific Stick Sports Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to Stick Sports using the “feedback” or “Report Abuse” functions in the relevant Stick Sports Service, if available, or contact Customer Support at firstname.lastname@example.org .
Stick Sports may, in its discretion, monitor or record online activity or Content on Stick Sports Services and may remove any Content from any Stick Sports Service at its discretion. Remember that your communications and your UGC in a Stick Sports Service are public and will be seen by others.
- INFORMATION COLLECTION AND USE
Certain legislation, including the Competition and Consumer Act 2010 in Australia, may imply warranties or conditions or impose obligations upon Stick Sports and the Stick Sport Services which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Stick Sports is entitled to do so, Stick Sports limits its liability in respect of any claim under those provisions to: in the case of goods, at Stick Sports’ option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Stick Sports’ option: the supplying of the services again; or the payment of the cost of having the services supplied again. Other than the warranties, conditions or obligations implied by applicable legislation the Stick Sports Services are provided as is without warranty of any kind. To the maximum extent permitted by applicable law, Stick Sports further disclaims all warranties, including without limitation any implied warranties of merchant ability, fitness for a particular purpose, and on infringement, the entire risk arising out of the use or performance of the product and documentation remains with you. The Stick Sports Services are offered “as is” and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the Stick Sports Services may be put, no warranty of fitness for a particular purpose is offered. The user must assume the entire risk of using the Stick Sports Services.
- LIMITATION OF LIABILITY
In no event will Stick Sports be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Stick Sports Services including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this Agreement or the Stick Sports Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Stick Sports have been advised of the possibility of such damages.
Stick Sports is not obligated to provide maintenance or updates for the Stick Sports Services. However, any maintenance or updates provided by Stick Sports shall be covered by this Agreement
- EQUITABLE REMEDIES
You hereby agree that if the terms of this Agreement are not specifically observed, Stick Sports will be irreparably damaged, and therefore you agree that Stick Sports shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
You agree to indemnify, defend and hold Stick Sports, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your breach of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
- APPLICABLE LAW
Stick Sports Services and this Agreement shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding them shall be heard exclusively by the courts of England and Wales.