Information about us: We are TrueFan Limited, a company registered in England under company number 6969321 and with our trading address at 81 Rivington Street, London, EC2A 3AY. We operate the website www.truefan.tv and own the Score Predictor Application Software and associated data, media and documents (together the SP App).
Grant and scope of licence: On receipt of your Club Licence application we will grant you a non-transferable, non-exclusive licence to access and promote the use by third parties (including fans) of the SP App on your website and to allow third parties (including fans) to access the SP App, subject to the terms of this Club Licence. We do not sell the SP App to you and we remain the owners of the SP App at all times.
Acknowledgements: The terms of this Club Licence apply to the SP App and any of the services accessible through the SP App (Services) including updates or supplements to the SP App and any Service unless they come with separate terms in which case those terms apply. From time to time updates to the SP App may be issued through the www.truefan.tv website. Depending on the update, you may not be able to access/use the SP App and/or the Services until you have accepted any new terms.
Consents: You will be assumed to have obtained permission from all persons whose consent may be required for the purposes of submitting your Club Licence application and promoting the SP App on the terms of this Club Licence. You accept responsibility in accordance with the terms of this Club Licence for the use of the SP App or any Service through your website and in relation to any device used by third parties (including fans) to access the SP App and Services through your website.
Third-party Sites: The SP App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. Example: linking Score Predictor to your Club Facebook page.
Licence restrictions: Except as expressly set out in this Club Licence or as permitted by any local law, you agree:
Acceptable use restrictions: you must:
Intellectual property rights: You agree that all intellectual property rights in the SP App anywhere in the world belong to us or our licensors, that rights in the SP App are licensed (not sold) to you and that you have no rights in or to the SP App other than the right to use them in accordance with the terms of this Club Licence. You confirm that all intellectual property rights in documents and images you provide to us may be used by us in connection with the SP App and such use will not infringe any third party’s intellectual property rights
Exclusion of Warranty: No warranties are given by us to you in connection with your use or promotion of the SP App.
Limitation of liability: You acknowledge that the SP App 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 SP App meet your requirements. We only supply the SP App for use by the Club for the purposes of promoting its use to its fans. You agree not to use the SP App for any other commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. However, nothing in this Club Licence shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.
Termination: Either party may terminate this Club Licence by written notice, such notice to take effect on completion of ten league or cup matches following the giving of the notice. On termination for any reason all rights granted to you under this Club Licence shall cease, you must immediately cease all activities authorised by this Club Licence, including your use of any Services, and you must immediately delete or remove the SP App from your website and immediately destroy all related documentation and data then in your possession, custody or control and certify to us that you have done so.
All Rights Reserved: Nothing in this Club Licence shall prevent us from carrying on our business in the ordinary course including commercialisation of the SP App or the Services.
Communication between us: all communications between us should be in writing, sent by prepaid post to TrueFan Limited at 81 Rivington Street, London, EC2A 3AY. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the SP App.
Events outside our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Club Licence caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks].
Other important terms: We may transfer our rights and obligations under this Club Licence to another organisation without affecting your rights or obligations under this Club Licence. You may only transfer your rights or obligations under this Club Licence to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this Club Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
Any words following the terms including, include or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Each of the conditions of this Club Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this Club Licence, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.