Last updated June 01, 2022
KICK-OFF.ME is licensed to You (End-User) by KICK-OFF.ME LTD, located and
registered at Kemp House, 160 City Road, London, Greater London EC1V 2NX,
United Kingdom ("Licensor"), for use only under the terms of this License
Agreement. Our VAT number is 14104958.
By downloading the Licensed Application from Apple's software distribution
platform ("App Store") and Google's software distribution platform ("Play
Store"), and any update thereto (as permitted by this License Agreement),
You indicate that You agree to be bound by all of the terms and conditions
of this License Agreement, and that You accept this License Agreement. App
Store and Play Store are referred to in this License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are
not a Party to this License Agreement and are not bound by any provisions
or obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof. KICK-OFF.ME LTD, not the
Services, is solely responsible for the Licensed Application and the
content thereof.
This License Agreement may not provide for usage rules for the Licensed
Application that are in conflict with the latest Apple Media Services
Terms and Conditions and Google Play Terms of Service ("Usage Rules").
KICK-OFF.ME LTD acknowledges that it had the opportunity to review the
Usage Rules and this License Agreement is not conflicting with them.
KICK-OFF.ME when purchased or downloaded through the Services, is licensed
to You for use only under the terms of this License Agreement. The
Licensor reserves all rights not expressly granted to You. KICK-OFF.ME is
to be used on devices that operate with Apple's operating systems ("iOS"
and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
KICK-OFF.ME ("Licensed Application ") is a piece of software created to
Social media platform for creating, sharing and discovering short soccer
videos — and customized for iOS and Android mobile devices ("Devices"). It
is used to The app is used by amator and professionnal players to express
themselves through playing soccer and sharing their skills to the
community, and allows skouts to explore best amator players videos and
contact them..
The Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this
Licensed Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices that
You (End-User) own or control and as permitted by the Usage Rules, with
the exception that such Licensed
Application may be accessed and used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application
provided by Licensor that replace, repair, and/or supplement the first
Licensed Application, unless a separate license is provided for such
update, in which case the terms of that new license will govern.
2.3 You may not copy (excluding when expressly authorized by this license
and the Usage Rules) or alter the Licensed Application or portions
thereof. You may create and store copies only on devices that You own or
control for backup keeping under the terms of this license, the Usage
Rules, and any other terms and conditions that apply to the device or
software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these
copies at any time. If you sell your Devices to a third party, you must
remove the Licensed Application from the Devices before doing so.
2.4 Violations of the obligations mentioned above, as well as the attempt
of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of
licensing.
2.6 Nothing in this license should be interpreted to restrict third-party
terms. When using the Licensed Application, You must ensure that You
comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher.
Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it
complies with modified/new versions of the firmware and new hardware. You
are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Licensed Application satisfies the technical specifications mentioned
above.
3.4 Licensor reserves the right to modify the technical specifications as
it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and
support services for this Licensed Application. You can reach the Licensor
at the email address listed in the App Store or Play Store Overview for
this Licensed Application.
4.2 KICK-OFF.ME LTD and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with
respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your
downloaded Licensed Application content and Your personal information, and
that Licensor's use of such material and information is subject to Your
legal agreements with Licensor and Licensor's privacy policy:
https://kick-off.me/privacy. You acknowledge that the Licensor may
periodically collect and use technical data and related information about
your device, system, and application software, and peripherals, offer
product support, facilitate the software updates, and for purposes of
providing other services to you (if any) related to the Licensed
Application. Licensor may also use this information to improve its
products or to provide services or technologies to you, as long as it is
in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or in the Licensed Application, including but
not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other
users of the Licensed Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that: 1. The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party. 2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us,
the Licensed Application, and other users of the Licensed Application to
use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and
every
identifiable individual person in your Contributions to use the name or
likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Licensed Application and this License Agreement. 4. Your Contributions are
not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or link to material that
violates, any provision of this License Agreement, or any applicable law
or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things, termination
or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking
your account from the Licensed Application to any of your social
networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royaltyfree, fully-paid, worldwide right, and license to host, use copy,
reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising,
or otherwise, and to prepare derivative works of, or incorporate in other
works, such as Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels. This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions. We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the
Licensed Application and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us
regarding your Contributions. We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions;
(2) to recategorize any Contributions to place them in more appropriate
locations in the Licensed Application; and (3) to prescreen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and
tort shall be limited to intent and gross negligence. Only in case of a
breach of essential contractual duties (cardinal obligations), Licensor
shall also be liable in case of slight negligence. In any case, liability
shall be limited to the foreseeable, contractually typical damages. The
limitation mentioned above does not apply to injuries to life, limb, or
health.
8.2 Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this License
Agreement. To avoid data loss, You are required to make use of backup
functions of the Licensed Application to the extent allowed by applicable
third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Licensed Application, You will not
have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware,
trojan horses, viruses, or any other malware at the time of Your download.
Licensor warrants that the Licensed Application works as described in the
user documentation.
9.2 No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if
by Yourself or by third parties, or if there are any other reasons outside
of KICK-OFF.ME LTD's sphere of influence that affect the executability of
the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after
installing it and notify KICK-OFF.ME LTD about issues discovered without
delay by email provided in Product Claims. The defect report will be taken
into consideration and further investigated if it has been emailed within
a period of one hundred twenty (120) days after discovery.
9.4 If we confirm that the Licensed Application is defective, KICK-OFF.ME
LTD reserves a choice to remedy the situation either by means of solving
the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to
any applicable warranty, You may notify the Services Store Operator, and
Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages, liabilities,
expenses, and costs attributable to any negligence to adhere to any
warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires
after a statutory period of limitation amounting to twelve (12) months
after the Licensed Application was made available to the user. The
statutory periods of limitation given by law apply for users who are
consumers.
10. PRODUCT CLAIMS
KICK-OFF.ME LTD and the End-User acknowledge that KICK-OFF.ME LTD, and not
the Services, is responsible for addressing any claims of the End-User or
any third party relating to the Licensed Application or the End-User’s
possession and/or use of that Licensed Application, including, but not
limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation, including in connection with Your Licensed Application’s use
of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not
listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION For general inquiries, complaints, questions or
claims concerning the Licensed
Application, please contact:
KICK-OFF.ME support team
Kemp House
160 City Road
London, Greater London EC1V 2NX
United Kingdom
support@kick-off.me
13. TERMINATION
The license is valid until terminated by KICK-OFF.ME LTD or by You. Your
rights under this license will terminate automatically and without notice
from KICK-OFF.ME LTD if You fail to adhere to any term(s) of this license.
Upon License termination, You shall stop all use of the Licensed
Application, and destroy all copies, full or partial, of the Licensed
Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY KICK-OFF.ME LTD
represents and warrants that KICK-OFF.ME LTD will comply with applicable
third-party terms of agreement when using Licensed Application. In
Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," both Apple and Google and their
subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this
License Agreement, both Apple and Google will have the right (and will be
deemed to have accepted the right) to enforce this End User License
Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS KICK-OFF.ME LTD and the End-User
acknowledge that, in the event of any third party claim that the Licensed
Application or the End-User's possession and use of that Licensed
Application infringes on the third party's intellectual property rights,
KICK-OFF.ME LTD, and not the Services, will be solely responsible for the
investigation, defense, settlement, and discharge or any such intellectual
property infringement claims.
16. APPLICABLE LAW This License Agreement is governed by the laws of the
United Kingdom excluding its conflicts of law rules.
17. MISCELLANEOUS 17.1 If any of the terms of this agreement should be or
become invalid, the validity of the remaining provisions shall not be
affected. Invalid terms will be replaced by valid ones formulated in a way
that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid
down in writing. The preceding clause can only be waived in writing.