Terms & Conditions

Last updated: July 2017

Welcome to 10 www.10.me (“10 Site”) and the 10 Desktop App and any other software provided by 10 Digital Media Ltd (together “our sites”), where fans of all sports can access real time information, news and social interactions tailored to their interests in sport. You can access our sites through the internet and WAP services provided by certain mobile phone networks.

This page (together with the documents referred to on it) tells you the Terms and Conditions on which you as a registered user may make use of our sites and services including SMS, APIs, email notifications, applications, buttons, and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our sites.

Please read these Terms and Conditions carefully before you start to use our sites. By using our sites, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our sites.

  1. INFORMATION ABOUT US

    Our sites are operated and owned by 10 Digital Media Ltd whose registered address is 20-22 Wenlock Road, London, England, N1 7GU with registration number 08675336 (“we, us or our”).

  2. ACCESSING OUR SITES

    Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not, and neither will any of our partners, be liable if for any reason our sites are unavailable at any time or for any period.

    We may make some parts of our sites, or our entire sites, available only to users who have registered an account with us. Accordingly you may be required to register an account with us and submit certain personal data to access certain parts of our sites.

    Our sites are not aimed at Minors. You must only register an account with us or share personal information with us if you are not a Minor (the age of Minors is determined by local laws where you reside). In any case you must be 13 years or over in order to use our sites and services. If you are over the age 13 but under the age of 18 then you should have a parent or guardian review and approve these Terms and Conditions on your behalf prior to you using the site. We may at any point in time require that you provide us with your full date of birth in order to continue to use our sites.

    You may not sell or transfer your account to any other person without our prior written approval.

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code 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 and Conditions.

    When using our sites, you must comply with the provisions of our Acceptable Use Policy and Privacy Policy & Cookie Notice.

    You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms, and that they comply with them.

    Some of the functionality and services available to you via our sites are provided by third party partners and you may be required to register an account with that party to use all the functionality or services of our sites. Although we have carefully chosen our partners, you should fully review any additional terms and conditions or privacy policy which you may be required to consent to when you register an account with that party. Please note that we are not responsible for the contents of such terms and conditions or privacy policy, or our partners performance towards you.

    As a condition of us (and/or our partners) providing the site and services available on it to you, you confirm that you will use the site and the services available for your personal, non-commercial use only.

  3. INTELLECTUAL PROPERTY RIGHTS

    There are two types of content on our sites: (1) content of which we are the owner or the licensee of; and (2) user submitted content which is submitted in accordance with these Terms and Conditions.

    User submitted content shall include (but not limited to) any data, text, usernames, images, graphics, photos, profiles, audio and video clips, musical works, sounds, works of authorship, gifs, and other content or information that you post or submit via our sites ("User Generated Content").

    We own all intellectual property rights in our sites which is not User Generated Content. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

    User Generated Content will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the site and our business. You hereby grant us an unrestricted non-exclusive license to do so and you hereby waive all moral rights in the User Generated Content. You also agree that this licence includes without payment to you the right for us to provide, promote, and improve our sites and services and to make User Generated Content submitted to or through our sites or services available to other companies, organisations or individuals with whom we syndicate, broadcast, distribute or publish to on other media and services subject to the Terms and Conditions.

    We treat User Generated Content very seriously and are committed to protecting and respecting it. Accordingly, you grant us the right to bring an action for infringement of such rights by a third party (including copyright and any other intellectual property rights) in User Generated Content. You may print off one copy, and may download extracts, of any page(s) from our sites for your personal reference and private use only.

    Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.

    You must not use any part of the materials on our sites (including without limitation any illustrations, photographs, video or audio materials) for any purpose other than your own personal and non-commercial use only without obtaining a licence to do so from us or our licensors in writing. If you have any questions, comments or requests in relation to obtaining a licence, please contact us by emailing terms@10.me.

    With respect to User Generated Content, no representation or warranty is made by us in respect of that content and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content or any communications posted via our sites or the services nor do we endorse any opinions expressed via the services. You are solely responsible for User Generated Content via our sites and you may only submit content to the site which you are entitled to do, and you should carefully note the contents of sections 7, 8 and 9 below.

  4. RELIANCE ON INFORMATION POSTED

    Commentary and other materials posted on our sites 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 any visitor to our sites, or by anyone who may be informed of any of its contents.

  5. OUR SITES CHANGE REGULARLY

    We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.

  6. OUR LIABILITY

    The material displayed on our sites and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies, our partners and third parties connected to us hereby expressly exclude:

    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, 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 profits or contracts;

    loss of anticipated savings;

    loss of data;

    loss of goodwill;

    wasted management or office time; and 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.

    This does not affect 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.

  7. UPLOADING USER GENERATED CONTENT TO OUR SITES

    We provide a feature that allows you to upload User Generated Content which you can contribute to our sites, or to make contact with other users of our sites, if you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that User Generated Content complies with those standards, and you agree to indemnify (fully compensate) us for any breach of that warranty.

    Any User Generated Content you upload to our sites must be owned by you and shall not infringe copyright or other intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.

    User Generated Content which you submit will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the site.

    We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites 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 User Generated Content posted by you or any other user of our sites.

    We have the right to remove any User Generated Content you make on our sites.

  8. MODERATION OF COMMENTS AND MATERIAL

    Please note that we do not actively moderate comments, posts or other content including User Generated Content which users may submit to our sites. We rely upon community moderation of our sites and we may enable you to notify us of User Generated Content posted or uploaded that is in breach and/or contravenes our Acceptable Use Policy below. As a result, care should be taken when allowing minors to use our sites.

    By using our sites you acknowledge that we have no responsibility to review the content of any User Generated Content and that all User Generated Content are made available on the basis that we are not required to and do not exercise any control or judgement of the content.

    We shall examine carefully a comment or other material which a user notifies us as being inappropriate, and we shall exercise in our discretion our right to remove such content.

  9. ACCEPTABLE USE POLICY

    The following provisions set out our sites’ Acceptable Use Policy that you must comply whilst you use our sites:

    1. PROHIBITED USES

      You may use our sites only for lawful purposes. You may not use our sites:

      In any way that breaches any applicable local, national or international law or regulation.

      In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

      For the purpose of harming or attempting to harm minors in any way.

      To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

      To create serial accounts for disruptive or abusive purposes or with overlapping use cases.

      To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

      To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Examples of the factors that we will take into account when determining what conduct is regarded as spamming are:

      • If you have followed a large amount of Users in a short amount of time as assessed by us in our sole discretion;

      • If you have sent requests to a large amount of Users in a short amount of time to join a chat as assessed by us in our sole discretion;

      • If you have followed and un-followed Users in a short time period, particularly by automated means (aggressive user churn) as assessed by us in our sole discretion ;

      • If you post misleading links;

      • If a significant number of people have chosen to block you;

      • A significant number of spam complaints have been filed against you;

      • If you post the same content over multiple accounts or multiple duplicate updates on one account;

      • If you post multiple unrelated updates to a trending or popular topic;

      • If you add a large number of unrelated users to lists in an attempt to spam a service or link;

      • If you have attempted to "sell" followers, likes, comments, shares and any other interaction on your content, particularly through tactics considered aggressive following or follower churn; or

      • Creating or purchasing accounts in order to gain followers, likes, comments, shares and any other interaction on your content.

      You also agree:

      Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of our Terms and Conditions.

      Not to access without authority, interfere with, damage or disrupt any part of our sites including without limitation in any way that causes or is likely to cause, distress to any person, or for the purposes of spamming or sending unsolicited emails or messages;

      Not to access without authority, interfere with, damage or disrupt any equipment or network on which our sites is stored;

      Not to access without authority, interfere with, damage or disrupt any software used in the provision of our sites; or

      Not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.

      You also agree:

      Not to engage in username squatting. Accounts that are inactive for 6 months or more may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:

      the number of accounts created; or

      creating accounts for the purpose of preventing others from using those account names; or

      creating accounts for the purpose of selling those accounts; or

      using feeds of third-party content to update and maintain accounts under the names of those third parties.

    2. CONTENT STANDARDS

      These content standards apply to any and all material and/or User Generated Content which you contribute to our sites (‘contributions’), and to any interactive services associated with it.

      You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

      Contributions must:

      Be accurate (where they state facts).

      Be genuinely held (where they state opinions).

      Comply with applicable law in the UK and in any country from which they are posted.

      Contributions must not:

      Contain any material which is defamatory of any person.

      Contain any material which is obscene, offensive, hateful or inflammatory.

      Promote sexually explicit material or be sexually suggestive.

      Promote violence.

      Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

      Infringe any copyright, database right or trade mark of any other person.

      Be likely to deceive any person.

      Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

      Promote any illegal activity.

      Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

      Be likely to harass, upset, embarrass, alarm or annoy any other person.

      Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

      Give the impression that they emanate from us, if this is not the case.

      Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

      Relates to gambling or alcohol, or other acts which are forbidden by Islamic principles or are otherwise illegal.

    3. SUSPENSION AND TERMINATION

      We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

      Failure to comply with any part of this Acceptable Use Policy constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions:

      Immediate, temporary or permanent withdrawal of your right to use our sites.

      Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites.

      Issue of a warning to you.

      Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

      Further legal action against you.

      Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

      We and our partners exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

    4. CHANGES TO THE ACCEPTABLE USE POLICY

      We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our sites.

  10. COPYRIGHT INFRINGEMENT NOTICE AND TAKE DOWN POLICY

    We have taken all reasonable steps to ensure that material made available to you on our sites has been cleared for use. However if you believe that there is material on our sites which you have certain intellectual property rights in and to which you have not granted permission to be used, then you should notify us in accordance with this clause.

    A notice of alleged copyright infringement should be sent to our designated copyright agent by email at copyright@10.me

    Your notification of claimed copyright infringement must be addressed to our copyright agent and you should include the following information:

    A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed.

    Specific identification of each copyrighted work claimed to have been infringed so that we may identify the work on our sites.

    A description of where the material believed to be infringed is located on our sites including URL to help us identify the material you are alleging is infringed.

    Your contact information, including your complete name, address, telephone number, and email address so that we may contact you in respect of your claim.

    A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    A statement that the information in the notification is accurate, (and that we can rely on such statement in a court of law), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.

  11. VIRUSES, HACKING AND OTHER OFFENCES

    You must not misuse our sites 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 sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites 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. 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 sites will cease immediately.

    We will not, and neither will our partners, 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 sites or to your downloading of any material posted on it, or on any website linked to it.

  12. LINKS FROM OUR SITES

    Where our sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not have and neither do our partners have, control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  13. JURISDICTION AND APPLICABLE LAW

    The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites. These Terms and Conditions are governed by English law.

  14. TRADE MARKS

    The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our sites are registered and unregistered Trademarks for which we, our partners or third parties hold the ownership or licence to use. Nothing contained on our sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our sites without our written permission or the written permission of such third party that may own the Trademarks displayed on our sites. Your misuse of the Trademarks displayed on our sites, or any other content on our sites, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

  15. VARIATIONS

    We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our sites.

  16. ENTIRE AGREEMENT

    These Terms and Conditions form the entire agreement between you and us. In the event that any term is found to be unenforceable, it shall be varied with the minimum changes required to give it enforceability in your jurisdiction. All other terms shall remain the same.

END-USER LICENSE AGREEMENT FOR 10 iOS APP (“EULA”)

Date of Last Revision: July 2017

IMPORTANT NOTICE:

PLEASE READ THIS EULA CAREFULLY BEFORE USING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.

  1. INTRODUCTION

    1. This app and any accompanying online or electronic documentation (the “App”) have been produced by and is the property of 10 Digital Media Limited (“10”). 10 is referred to as “us”, “we”, and “our” in this EULA. We are a company registered in England and Wales, with company number 08675336. You can contact us by post to our registered office address or by email to terms@10.me.

    2. THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP SO PLEASE READ THIS CAREFULLY.

    3. BY DOWNLOADING AND USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA OR PRIVACY POLICY YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE APP.

  2. IMPORTANT TERMS

    1. ALL USE OF THE APP IS SOLEY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.

    2. The EULA limits 10’S liability AS set out in CLAUSE 17 below.

    3. if you are under the age of 18 you must get your parent or guardian’s permission to download, INSTALL AND USE the App.

    4. your use of the app requires you to have an apple itunes account. your access to the app will be linked to your itunes account and you are required to comply with the apple policies to use the app, including for any in app payments IF APPLICABLE.

  3. ABOUT THE APP

    1. The App “10” is a sport social network app where fans of all sports can access real time information, news and social interactions tailored to their passions in sport. The app allows you to, amongst other things, view live scores and match data, create your own publically available profile and private chat groups, share and add sport-related stickers to your photographs and videos, and post comments.

    2. We intend to roll-out further functionality in the App, for example meme and GIF libraries, and the ability to share your content publicly with other users. We will notify you when this functionality is due to become available.

    3. The Privacy Policy is in an important document which governs our use of the personal and anonymous data that we obtain from your use of the App. We use this data in accordance with our Privacy Policy so please take time to read and understand that document.

  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:

    1. Acknowledgement

      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 and the content thereof.

    2. Grant of Licence

      Subject to, and in consideration of, your compliance with all conditions of this EULA we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and Content for your lifetime on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/uk/legal/terms/), and in accordance with the Privacy Policy.

    3. Maintenance and support

      We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

    4. Product claims

      You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    5. Intellectual Property Rights

      You acknowledge that in the event of a third party claim that the App or your possession and use of the App 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.

    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.

    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.

    8. Third Party Terms of Agreement

      We may use third party software and services provided by Facebook, Youtube and Twitter with the App. Use of the App is 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.

  5. YOUR USE OF THE APP

    1. By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are under 18 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.

    2. As a condition of using the App, our Privacy Policy shall apply. You confirm that you have read the Privacy Policy so that you understand how we collect personal and non-personal data including accessing your location. All data that we collect is used to understand and improve your use of the App, and to provide the functionality of the App to you as otherwise set out in the Privacy Policy.

    3. Subject to the privacy settings in the App as set by you, we may send you push notifications to your iOS device whilst the App is installed and including whilst the App is not running in the foreground or in the background.

    4. You acknowledge that we have no control over how other users use the App 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 and the service generally.

    5. If you have an iCloud account then you will be able to sync any content created on the App across your connected Apple devices. The costs and management of an iCloud account is your sole responsibility.

  6. OWNERSHIP OF CONTENT AND USER GENERATED CONTENT/DATA

    1. All intellectual property in the App, except for User Generated Content/Data (please see clause 8) is owned by us and/or our licensors.

    2. ‘10’ is a registered trade mark belonging to us. All rights are reserved by us in the trade mark.

    3. All intellectual property rights in the App and content on the App (except for User Generated Content), 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.

    4. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App 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 terms@10.me with “Notice & Takedown” in the email subject line. In your email you must set out the following information:

      1. Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;

      2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;

      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; that the information you supply in your notice is true.

    5. You are not sold the App or any Content, but are granted a personal licence to use the same for your own private entertainment on the terms set out in clause 4.2.

  7. LINKS TO WEBSITES AND THIRD PARTY SERVICES

    1. Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

    2. The App may provide you with certain functionalities to share your User Generated Content and/or Data (as defined below in clause 8), 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 User Generated Content/Data. You should consider the type of User Generated Content/Data you wish to share as due to the nature of the internet, it is not always possible to permanently remove any pictures or other information you share.

  8. UPLOADING USER GENERATED CONTENT/DATA

    1. To the extent that the App allows you to upload any text, data, usernames, images, graphics, photos, profiles, audio video clips, musical works, sounds, works of authorship, gifs, or other information to our servers (“User Generated Content” and/or “Data”), then you acknowledge that we may copy, store, adapt, modify, and use the User Generated Content/Data to enable us to provide the App and Data to you and you hereby grant us a non-exclusive, irrevocable and perpetual, royalty free, worldwide and sub-licensable, and transferable right to copy, adapt, modify and use the User Generated Content/Data as part of the App generally, and you acknowledge that we may make the User Generated Content/Data available to other users of the App, and via our other platforms related to the 10 service such as the 10 website, Facebook page, Instagram page and Twitter handle etc.

    2. All User Generated Content and all rights in User Generated Content/Data are the property of their respective owners and we do not have and do not represent any connection, association, interest, or title with any User Generated Content/Data or any subject of any User Generated Content/Data. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Generated Content/Data.

    3. You confirm and undertake that any User Generated Content/Data shall be your own original work and shall not infringe copyright or other intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.

    4. By using the App you acknowledge that we have no responsibility to review the content of any User Generated Content/Data and that all User Generated Content/Data are made available on the basis that we are not required to and do not exercise any control or judgement of the content.

    5. Notwithstanding the foregoing we shall be entitled to remove or reject any User Generated Content/Data and remove or suspend your ability to make or access User Generated Content/Data.

    6. To the extent that the App allows you to message or communicate with other users of the App, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material. We do not monitor any communications that you may send from the App, but reserve the right, at our discretion to remove your account or User Generated Content/Data in the event that you breach any of the terms of the EULA.

    7. You agree that you shall not use the App to send any abusive or offensive material, or any other material which we deem to be generally objectionable, or for any commercial purposes.

    8. We use your User Generated Content/Data in accordance with our Privacy Policy as set out in clause 3.3 and this EULA.

    9. After you delete your account, your User Generated Content/Data shall remain on our servers for a limited period of time as part of our backup system.

    10. Please note you retain all ownership of your User Generated Content/Data that you upload, and you are free to use it elsewhere.

  9. Further Content

    1. We may (in the future) offer further in-app content for you to purchase, download, install and use in the App (“Further Content”). We grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on an iOS Product.

  10. COOKIES

    1. The use of cookies and similar tools are detailed in our Privacy Policy and Apple’s own privacy policy available at www.apple.com/uk/privacy.

    2. You may delete cookies and other similar tools from your iOS device by deleting the App.

  11. SYSTEM REQUIREMENTS

    1. This App has 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 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. ADVERTISEMENTS

    1. Where the App displays in app banner advertising, please note we are not responsible for the choice of the advert as all advertising is managed by Apple.

    2. As is common with advertising within Apps and websites, the advertisements may serve cookies or similar tools onto your iOS device. We have no control over this process, but please note that the use of cookies and similar tools are detailed in our Privacy Policy and Apple’s own privacy policy available at www.apple.com/uk/privacy.

    3. You may delete cookies and other similar tools from your iOS device by deleting the App.

    4. We may, from time to time, make available within the App adverts from our third party sponsors / partners based on your due date and location. These adverts may be chosen by us as we feel they will be relevant to you. These adverts cannot be removed or opted out of as they form part of the business model in making available the App.

  13. INDEMNITY / COMPENSATION

    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 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.

  14. TERM AND TERMINATION

    1. This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App 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 and delete all copies of the App.

    2. The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 13 (Indemnity/compensation), Clause 14 (Term and Termination), Clause 16 (General Provisions), Clause 17 (Limitation of Liability), Clause 19 (Severance) and Clause 20 (Jurisdiction).

  15. SUPPORT AND CONTACTING US

    1. The App is provided “as is”. However if you need any help and support please email terms@10.me and we shall endeavour to assist you.

  16. GENERAL PROVISIONS

    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 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.

    2. This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement. We may assign or transfer this EULA, including to any successor company of 10 Digital Media Limited.

    3. You may only use the App 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, 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.

    4. You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.

  17. OUR LIMITATIONS OF LIABILITY

    1. THE APP IS 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.

    2. WE DO NOT GUARANTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.

    3. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.

    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.

    5. TO THE FULLEST EXTENT PERMISSIBLE 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.

    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 MINIMUM NECESSARY CHANGES TO GIVE EFFECT TO YOUR LOCAL STATUTORY CONSUMER RIGHTS.

    7. YOUR RIGHT TO ACCESS AND USE THE APP IS REVOKED IN THE EVENT THAT THIS EULA OR SERVICE PROVIDED BY THE APP IS PROHIBITED IN ANYWAY IN YOUR LOCAL TERRITORY.

    8. YOU ACKNOWLEDGE THAT THE 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 APP MEET YOUR REQUIREMENTS.

    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 17.9. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CANNOT EXCLUDE IT, SHALL, WHERE PERMISSIBLE BY LAW, BE LIMITED TO 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 £100.

    10. IN THE EVENT THAT APPLE REFUNDS YOU THE (IN-APP) PURCHASE PRICE 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, 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.

  18. CHANGES TO THE EULA

    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 have 14 days to accept the changes to continue to use the App. Should we not receive an email from you within the fourteen (14) days, such silence will be deemed acceptance of the changes. If you reject the changes please delete the App.

  19. SEVERENCE

    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.

  20. GOVERNING LAW AND JURISDICTION

    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, 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.

END-USER LICENSE AGREEMENT FOR 10 ANDROID APP (“EULA”)

Date of Last Revision: July 2017

IMPORTANT NOTICE:

PLEASE READ THIS EULA CAREFULLY BEFORE USING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.

  1. INTRODUCTION

    1. This app and any accompanying online or electronic documentation (the “App”) have been produced by and is the property of 10 Digital Media Limited (“10”). 10 is referred to as “us”, “we”, and “our” in this EULA. We are a company registered in England and Wales, with company number 08675336. You can contact us by post to our registered office address or by email to terms@10.me.

    2. THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP SO PLEASE READ THIS CAREFULLY.

    3. BY DOWNLOADING AND USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA OR PRIVACY POLICY YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE APP.

  2. IMPORTANT TERMS

    1. ALL USE OF THE APP IS SOLEY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.

    2. The EULA limits 10’S liability AS set out in CLAUSE 17 below.

    3. if you are under the age of 18 you must get your parent or guardian’s permission to download, INSTALL AND USE the App.

    4. your use of the app requires you to have a GOOGLE account. your access to the app will be linked to your GOOGLE account and you are required to comply with GOOGLE policies to use the app, including for any in app payments IF APPLICABLE.

  3. about the app

    1. The App “10” is a sport social network app where fans of all sports can access real time information, news and social interactions tailored to their passions in sport. The app allows you to, amongst other things, view live scores and match data, create your own publically available profile and private chat groups, share and add sport-related stickers to your photographs and videos, and post comments.

    2. We intend to roll-out further functionality in the App, for example meme and GIF libraries, and the ability to share your content publicly with other users We will notify you when this functionality is due to become available.

    3. The Privacy Policy is in an important document which governs our use of the personal and anonymous data that we obtain from your use of the App. We use this data in accordance with our Privacy Policy so please take time to read and understand that document.

  4. DEVELOPER TERMS FOR GOOGLE ANDROID MARKET

    1. By downloading the App from Google Play (https://play.google.com/store?hl=en_GB) you acknowledge that you have reviewed and accepted the Google Play Terms of Service (https://play.google.com/intl/en-GB_uk/about/play-terms.html). If you download the App from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market

  5. YOUR USE OF THE APP

    1. By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are under 18 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.

    2. As a condition of using the App, our Privacy Policy shall apply. You confirm that you have read the Privacy Policy so that you understand how we collect personal and non-personal data including accessing your location. All data that we collect is used to understand and improve your use of the App, and to provide the functionality of the App to you as otherwise set out in the Privacy Policy.

    3. Subject to the privacy settings in the App as set by you, we may send you push notifications to your Android device whilst the App is installed and including whilst the App is not running in the foreground or in the background.

    4. You acknowledge that we have no control over how other users use the App 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 and the service generally.

  6. OWNERSHIP OF CONTENT AND USER GENERATED CONTENT/DATA

    1. All intellectual property in the App, except for User Generated Content/Data (please see clause 8) is owned by us and/or our licensors.

    2. ‘10’ is a registered trade mark belonging to us. All rights are reserved by us in the trade mark.

    3. All intellectual property rights in the App and content on the App (except for User Generated Content), 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.

    4. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App 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 terms@10.me with “Notice & Takedown” in the email subject line. In your email you must set out the following information:

      1. Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;

      2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;

      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; that the information you supply in your notice is true.

    5. You are not sold the App or any Content, but are granted a personal licence to use the same for your own private entertainment on the terms of this agreement.

  7. LINKS TO WEBSITES AND THIRD PARTY SERVICES

    1. Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

    2. The App may provide you with certain functionalities to share your User Generated Content/Data (as defined below in clause 8), 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 User Generated Content/Data. You should consider the type of User Generated Content/Data you wish to share as due to the nature of the internet, it is not always possible to permanently remove any pictures or other information you share.

  8. UPLOADING USER GENERATED CONTENT/DATA

    1. To the extent that the App allows you to upload any text, pictures, data or other information to our servers (“User Generated Content” and/or “Data”), then you acknowledge that we may copy, store, adapt, modify, and use the User Generated Content/Data to enable us to provide the App, Content and Data to you and you hereby grant us a non-exclusive, irrevocable and perpetual, royalty free, worldwide and sub-licensable, and transferable right to copy, adapt, modify and use the User Generated Content/Data as part of the App generally, and you acknowledge that we may make the User Generated Content/Data available to other users of the App, and via our other platforms related to the 10 service such as the 10 website, Facebook page, Instagram page and Twitter handle and all associated marketing and advertising.

    2. All User Generated Content and all rights in User Generated Content/Data are the property of their respective owners and we do not have and do not represent any connection, association, interest, or title with any User Generated Content/Data or any subject of any User Generated Content/Data. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Generated Content/Data.

    3. You confirm and undertake that any User Generated Content/Data shall be your own original work and shall not infringe copyright or other intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.

    4. By using the App you acknowledge that we have no responsibility to review the content of any User Generated Content/Data and that all User Generated Content/Data are made available on the basis that we are not required to and do not exercise any control or judgement of the content.

    5. Notwithstanding the foregoing we shall be entitled to remove or reject any User Generated Content/Data and remove or suspend your ability to make or access User Generated Content/Data.

    6. To the extent that the App allows you to message or communicate with other users of the App, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material. We do not monitor any communications that you may send from the App, but reserve the right, at our discretion to remove your account or User Generated Content/Data in the event that you breach any of the terms of the EULA.

    7. You agree that you shall not use the App to send any abusive or offensive material, or any other material which we deem to be generally objectionable, or for any commercial purposes.

    8. We use your User Generated Content/Data in accordance with our Privacy Policy as set out in clause 3.3 and this EULA.

    9. After you delete your account, your User Generated Content/Data shall remain on our servers for a limited period of time as part of our backup system.

    10. Please note you retain all ownership of your User Generated Content/Data that you upload, and you are free to use it elsewhere.

  9. Further Content

    1. We may (in the future) offer further in-app content for you to purchase, download, install and use in the App (“Further Content”). We grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on an Android Product.

  10. COOKIES

    1. The use of cookies and similar tools are detailed in our Privacy Policy and Google’s own privacy policy available at http://www.google.com/policies/privacy/.

    2. You may delete cookies and other similar tools from your Android device by deleting the App.

  11. SYSTEM REQUIREMENTS

    1. This App has been developed to work on the latest version of the Android operating system at the time of its release. Google may from time to time update the Android operating system, and we will endeavour, but not be obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated Android operating system. It is your obligation to ensure that you are using the latest public release of the Android operating system.

  12. ADVERTISEMENTS

    1. Where the App displays in app banner advertising, please note we are not responsible for the choice of the advert as all advertising is managed by Google.

    2. As is common with advertising within apps and websites, the advertisements may serve cookies or similar tools onto your Android device. We have no control over this process, but please note that the use of cookies and similar tools are detailed in our Privacy Policy and Google’s own privacy policy available at http://www.google.com/policies/privacy/.

    3. You may delete cookies and other similar tools from your Android device by deleting the App.

    4. We may, from time to time, make available within the App adverts from our third party sponsors / partners based on your due date and location. These adverts may be chosen by us as we feel they will be relevant to you. These adverts cannot be removed or opted out of as they form part of the business model in making available the App.

  13. INDEMNITY / COMPENSATION

    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 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.

  14. TERM AND TERMINATION

    1. This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from the Android 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 and delete all copies of the App.

    2. The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 13 (Indemnity/compensation), Clause 14 (Term and Termination), Clause 16 (General Provisions), Clause 17 (Limitation of Liability), Clause 19 (Severance) and Clause 20 (Jurisdiction).

  15. SUPPORT AND CONTACTING US

    1. The App is provided “as is”. However if you need any help and support please terms@10.me and we shall endeavour to assist you.

  16. GENERAL PROVISIONS

    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 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.

    2. This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement. We may assign or transfer this EULA, including to any successor company of 10 Digital Media Limited.

    3. You may only use the App 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, 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.

    4. You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.

  17. OUR LIMITATIONS OF LIABILITY

    1. THE APP IS 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.

    2. WE DO NOT GUARANTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.

    3. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.

    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.

    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 LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.

    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 MINIMUM NECESSARY CHANGES TO GIVE EFFECT TO YOUR LOCAL STATUTORY CONSUMER RIGHTS.

    7. YOUR RIGHT TO ACCESS AND USE THE APP IS REVOKED IN THE EVENT THAT THIS EULA OR SERVICE PROVIDED BY THE APP IS PROHIBITED IN ANYWAY IN YOUR LOCAL TERRITORY.

    8. YOU ACKNOWLEDGE THAT THE 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 APP MEET YOUR REQUIREMENTS.

    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 17.9. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CANNOT EXCLUDE IT, SHALL, WHERE PERMISSABLE BY LAW, BE LIMITED TO 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 £100.

    10. IN THE EVENT THAT GOOGLE REFUNDS YOU THE (IN-APP) PURCHASE PRICE IN ACCORDANCE WITH ITS TERMS OF SALE, THEN BOTH GOOGLE AND US WILL HAVE NO FURTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, 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.

  18. CHANGES TO THE EULA

    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 Google or any other reason we decide. We will notify you of any changes and you will have 14 days to accept the changes to continue to use the App. Should we not receive an email from you within the fourteen (14) days, such silence will be deemed acceptance of the changes. If you reject the changes please delete the App.

  19. SEVERENCE

    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.

  20. GOVERNING LAW AND JURISDICTION

    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, 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.