1. Welcome to OF
(a) footytube ("we" or "us") welcomes you to openfooty ("OF"), our open services through which you may access our selection of footytube and third party content and data ("OF Content"). Set out below are our terms and conditions for use of the OF and OF Content (the "OF Terms"). The OF Terms apply whenever you access the OF, on whatever device and by any means.
(b) By applying for an OF API Key you are deemed to have accepted the OF Terms, as may be updated from time to time, and to have entered into an agreement with us on such terms.
(c) Registration is personal to you. An API key will be provided for each of Your Websites (as defined in 3(a) below), and the restrictions in these OF Terms shall apply separately to each of Your Websites.
API keys are non-transferable.
2. Beta Trial
(a) The beta trial period of OF will start on 10th January 2010 and end on a date to be determined by us (the "Beta Trial"). We will notify you in advance of the end of the beta trial period by posting the relevant end date on the OF homepage at http://www.footytube.com/openfooty/, or by updating the OF Terms at http://www.footytube.com/openfooty/terms (the "OF Site").
(b) If you are granted access to OF during the Beta Trial, your access will be subject to the OF Terms and the following additional Beta Trial terms:
• Unless otherwise agreed with us, at the end of the Beta Trial you will delete all OF Content from Your Websites and your systems.
• We may, at the end of the Beta Trial, cancel your API key and require you to re-register.
(c) We do not intend to charge non-commercial Beta Trial Users for access to OF during the Beta Trial. However, depending on demand and feedback, it may become necessary to offer alternative partnership models. We will provide notice, on the OF Site, prior to such changes taking effect.
3. Getting Started
(a) You will:
• Apply for a separate API key for each website through which you wish to access OF and on which you will publish OF Content ("Your Website").
• Provide complete and accurate information at registration.
• Control, and retain control of, Your Websites.
(b) You will not:
• Attempt to register with OF if you have, or Your Website has, previously been refused access or had access rights cancelled.
• Create, or facilitate the creation of, additional registration accounts or other technology for the purpose of accessing, or facilitating third party access to, the OF or OF Content without permission.
• Share your API key with any third party.
(c) Your Website will not: (i) contain material that is illegal or discriminatory; (ii) promote or incite violence or an illegal activity; and (iii) be capable, in our sole discretion, of interpretation as racist, sexist or homophobic or promoting such views.
4. Access to OF and OF Content
(a) You may access the OF and request OF Content only using the API key registered to Your Website.
(b) You may make up to 5,000 requests for OF Content per API key per day (if you need to increase this quote please contact us). This allowance will expire at the close of each day – any unused requests may not be carried over or used in respect of any other of Your Websites.
(c) For the purposes of 4(b) a "request" means a single http request from Your Website to the OF.
(d) We may in future wish to introduce methods of tagging and/or tracking the OF Content (and any advertising that we supply in respect of such). Specific details, including a full explanation of how we expect to address any privacy aspects, will be published on the OF Site prior to their introduction.
5. Your Non-Transferable Licence to Use OF Content
(a) Subject to our acceptance of your registration application, and your compliance with the remainder of the OF Terms (including but not limited to your obligation under 8(a)), you are hereby granted a non-transferable limited licence to:
• Access, copy, publish, distribute and display the OF Content in electronic form on Your Website(s).
• Make OF Content available to Your Website's end users for their personal use only.
• Reproduce our trade marks, logos and branding solely in the form and position provided in the OF Atrribution Guidelines.
• Retain watermark embedded in any OF Content.
• Include attribution linking to openfooty as per our Attribution guidelines.
• Retain all links to external websites contained within the OF Content.
(c)You will not:
• Edit, adapt, translate or otherwise alter the OF Content.
• Present OF Content in a way that seeks to replicate, or pass off Your Website as a resource belonging to or endorsed by us.
(d)This licence is personal to you and Your Website(s). You may not use the OF Content in conjunction with any website to which an API key has not been registered.
(e)This licence extends to OF Content only – it does not grant you any rights in respect of material appearing on any of our websites
(f) This Agreement does not grant you any rights in respect of the Service or the Content.
You acknowledge that you may need to obtain licenses from third parties in order to be able to use the Content as envisaged in this Agreement. You shall be solely responsible at your own cost for obtaining all such third party licenses. We shall have no obligation to provide or obtain any third party licenses.
(g)Use of OF and OF Content is at your own risk.
6. Your End Users
(a) You may make OF Content available to end users of Your Website strictly for their personal and non-commercial use only
(b) You may not make or give any representations, warranties or other promises in respect of the OF Content
(c) You are solely responsible for imposing and enforcing appropriate terms (which at least meet the requirements of 7(a) and 7(b) above) in respect of OF Content on end users of Your Website.
7. Advertising and Commercial Use
(a) If requested, you will as a condition of your licence to publish OF Content, display on Your Website any advertisement that we supply to you together with the relevant OF Content. You shall comply with our instructions regarding the position, form and size of such advertisements on Your Website. Such instructions may be notified to you directly or posted on the OF Site.
(b) You may attach third party advertising to Your Website, which includes OF Content, without accounting to us for any share in the revenue generated by such advertising, provided that:
• You do not associate OF Content, directly or indirectly, with advertisements or advertisers that could be regarded by us as illegal or discriminatory.
• You comply with any additional restrictions that we may introduce from time to time as part of the OF Terms.
(c) Commercial users will be required to sign and enter into a separate commercial agreement after consulation with our sales team.
(d) You may not syndicate or otherwise charge a fee for access to OF Content.
8. Your Compliance
• Follow the instructions contained in any legal or other notice that we send you in respect of the OF Content (which may require you to cease using certain OF Content). Unless a different period is specified on the face of any notice, you must comply with the instructions within 24 hours of our sending such notice.
• Keep confidential the existence and content of any legal notice sent to you by us (in accordance with the terms stated on the face of such notice).
• Ensure that your use of OF Content complies with all relevant local laws and take independent legal advice where appropriate.
• Comply with all local advertising codes and regulations.
(b) You must inform us in writing as soon as possible if you receive any complaint or claim by a third party in relation to the OF Content.
(c) You will not use OF Content for any unlawful purpose or in any way that infringes or is likely to infringe the rights (including but not limited to intellectual property rights) of any third party.
(a) We may cancel or suspend one or all of the API keys issued to Your Website(s) at any time, for any period and without notice.
(b) Your permission to access OF and to use OF Content shall terminate automatically on the occurrence of any of the following:
• You commit a breach of the OF Terms.
• We cancel or suspend one or all of the API keys issued to Your Website(s).
• We provide written notice to you of such termination.
• We withdraw the OF product.
(c) Our right to cancel your API key is in addition to any other rights and remedies that we may have under the OF Terms or as provided by law.
(d) You may terminate the agreement between us by ceasing to access the OF.
(e) On suspension or termination of your permission to access OF for any reason (including those in 10(d) above), your OF Content licence will automatically terminate, and you will immediately cease publication, or other use, of all OF Content.
(f) On termination of your permission to access OF for any reason, you will remove immediately all OF Content from Your Website(s) and delete any remaining OF Content in your possession.
10. Our Liability
(a) Your use of, and any reliance on, the OF and OF Content is at your own risk.
(b) We hereby exclude liability for indirect, special or consequential damages, even if you have previously advised us of the possibility of such damages. In addition, we will not be liable for any loss of revenue, profits, opportunity or data arising in connection with your access to OF or use of OF Content.
(c) We hereby exclude liability for the consequences of any inaccuracy, interruptions or errors in the OF Content or OF. We are not obliged to make any particular OF Content available to you via OF or by any other means.
(d) We will not be liable in any circumstances to your end users of OF Content.
(a) We are under no obligation to approve your application for registration and may refuse access to OF to you or any of Your Websites.
(b) We are under no obligation to make any particular content available as OF Content. Access to and availability of the OF or OF Content is not guaranteed, nor can we ensure that it will be uninterrupted or error free.
(c) We make no representation that the OF or OF Content will be available, complete, accurate, uninterrupted, error free or free from viruses or anything else of similar destructive qualities.
(d) The OF Content is intended for general information and you are solely responsible for determining whether the OF Content is suitable for your purposes. We make no representation that the OF Content will be legally compliant or otherwise appropriate for your intended use.
(e) All implied warranties, conditions or other terms are excluded to the fullest extent permitted by law.
(f) Content may contain links to websites provided by independent third parties. We are not responsible for the availability or content of such sites and shall not be responsible for any transaction concerning goods or services available from those sites.
Nothing in the OF Terms shall operate to transfer to you or create for your benefit any interest (including but not limited to goodwill) in the OF, OF Content, our branding or other logos and trade marks included in the OF, which shall remain at all times the property of footytube, its licensors or third parties.
13. Amendments to the OF Terms
(a) These OF Terms may be varied from time to time (including to take account of any additional or special terms required in respect of any third party content included in the OF Content). Please ensure that you review this page at http://www.footytube.com/openfooty/terms regularly as you will be deemed to have accepted a variation if you continue to use OF after it has been posted.
(b) Details of variations will be posted in 19 below.
(c) Any supplemental terms notified to you directly (including but not limited to as part of the supply of OF Content to you) will, if you continue to use the applicable OF Content or function, form part of these OF Terms for the purposes of our agreement with you.
(a) If Your Details Change:
If your details change following registration you must inform us immediately by emailing email@example.com
(b) Your Data
We will collect personal data from you during the registration process, and will use such data for the purposes of performing this agreement. Specifically, we will use your data to provide you with access to the OF, to provide notices to you under the agreement and for general administration of your authorisation to access OF and the OF Content. We will pass your personal data to our service providers and partners to the extent necessary for these purposes.
(c) Third Party Operators
We reserve the right to introduce charges for accessing the OF and/or OF Content in the future. Any such introduction will be notified to you in advance.
You agree that we may use your name, logo and URL for associated publicity for and reporting literature regarding OF.
Except as expressly set out in these terms, you are not permitted to assign, sub-licence, transfer or dispose of the rights licensed under the agreement.
The non-exercise of, or delay in exercise, by us of any power, right or remedy provided by this agreement or law shall not operate as a waiver of that power, right or remedy. Similarly, any single or partial exercise of by us of a power, right or remedy provided by this agreement or law shall not preclude any other or further exercise of such. A power, right or remedy will only be waived by us if notified to you in writing.
15. Our Values and Brands
You will not use the OF Content or any aspect of our relationship with you in a manner that could, in our reasonable opinion, cause harm to our goodwill, conflict with our values or which could cause our brand to be brought into disrepute.
16. Governing Law and Jurisdiction
The agreement between us is governed by Maltese law and the parties agree to submit to the exclusive jurisdiction of the Maltese courts.
17. Contact Us:
Please contact us at firstname.lastname@example.org if you would like to discuss any aspect of these licence terms, or if you wish to do any of the following:
• Use OF for a Commercial Application
• Edit or adapt OF Content
• Receive OF Content in another language
• Make your own translations of OF Content
• Increase your quota limit on API key requests
• Syndicate or resell OF Content
• Base Your Website entirely around OF Content
If you need to tell us about a complaint or claim you have received in relation to OF Content (in accordance with 8(b)), please email us at email@example.com
Please remember to direct your end users to the OF Site to set up their own access to and licence to use OF Content.
18. Variations to the OF Terms: